Terms of use

TERMS & CONDITIONS

Some of the stuff that you should know about!

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  • INTRODUCTION

    • WELCOME TO THE TAGTALK INTERNET PVT. LTD., WHICH INTERALIA CONSISTS OF THE FOLLOWING, ALONG WITH ANY RELATED SERVICES: TAGTALK.COM, TAGTALK.TV, LOY.AI, TAGTALK MOBILE SERVICES (INCLUDING ANY TAGTALK MOBILE APPLICATIONS), THE TAGTALK NETWORK OF TV SERVICES (INCLUDING TAGBOX, TAGSCREEN, TAGSCAN, TAGCHAT, TAGBIZ AND TAGTRADE SERVICES). THE GROUP OF SERVICES TAGTALK IS OPERATED BY TAGTALK INTERNET PRIVATE LIMITED (“TAGTALK,” ”SERVICES,” “WEBSITES,” “WE,” OR “US,”). AS A CONDITION OF USING AND IN LIEU ACCESS TO THE TAGTALK, YOU AGREE TO THESE TERMS OF USE AS A BINDING CONTRACT WITH TAGTALK. PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THIS DOCUMENT IS A LEGAL CONTRACT AND, BY USING THE TAGTALK SERVICES, IT SHALL BE DEEMED THAT YOU HAVE READ THIS ENTIRE CONTRACT (HEREINAFTER REFERRED TO AS “AGREEMENT”) AND THAT YOU UNCONDITIONALLY AGREE TO ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE TAGTALK OR ANY OF ITS PRODUCT OR BRAND RANGE.

      TAGTALK INTERNET PRIVATE LIMITED (“TAGTALK”) PROVIDES SOFTWARE AS A SERVICE FOR THE STREAMING OF CONTENT AND SOCIAL MEDIA FROM A MEDIA PLAYER (THE “SOFTWARE,”“TAGTALK,” ”SERVICES,” “WEBSITES,”). PURSUANT TO THE TERMS OF THIS CUSTOMER AGREEMENT (THIS “AGREEMENT”)

      TAGTALK INTERNET PRIVATE LIMITED (“TAGTALK,” ”SERVICES,” “WEBSITES,” “APP,” “WE,” OR “US,”) AND YOU (”USER,” “CUSTOMER,” “SUBSCRIBERS,” “END USER,” “CLIENT,” “MERCHANT”) AGREE THAT THE FOLLOWING TERMS AND CONDITIONS WILL GOVERN CLIENT'S LICENSE AND USE OF TAGTALK'S SOCIAL MEDIA, MARKETING DISPLAY ADVERTISING AND MESSAGING SERVICE (“TAGTALK,” ”SERVICES,” “WEBSITES,”) AND EQUIPMENT FOR THE STREAMING OF CONTENT AND SOCIAL MEDIA FROM A MEDIA PLAYER.

      CLICKING TO ACCEPT OR AGREE TO THE TERMS, WHERE IT IS MADE AVAILABLE TO YOU BY TAGTALK IN THE USER INTERFACE FOR ANY PARTICULAR SERVICE; OR

      ACTUALLY USING THE SERVICES. IN THIS CASE, YOU UNDERSTAND AND AGREE THAT TAGTALK WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS FROM THAT POINT ONWARDS.

      THIS LEGAL DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000  - AN ACT OF INDIAN PARLIAMENT (ACT NO. XXI OF 2000) AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

      THIS LEGAL DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 AND RULE 4 OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011 OF INFORMATION TECHNOLOGY ACT, 2000 AMENDED THROUGH INFORMATION TECHNOLOGY AMENDMENT ACT, 2008 THAT REQUIRE PUBLISHING THE TERMS OF SERVICES AND PRACTICES FOR USAGE OF TAGTALK MOBILE APP AND ITS INTEGRATED SYSTEMS.

  • MODIFICATION OF TERMS

    • TAGTALK MAY, IN ITS SulE DISCRETION, MODIFY, SUPPLEMENT, OR REVISE THESE TERMS AT ANY TIME.  UNLESS TAGTALK MAKES A CHANGE FOR LEGAL OR ADMINISTRATIVE REASONS, YOU AGREE THAT TAGTALK MAY NOTIFY YOU OF THE UPDATED TERMS BY POSTING THEM ON THE WEBSITES, AND THAT YOUR USE OF THE WEBSITES AFTER THE EFFECTIVE DATE OF THE UPDATED TERMS (OR ENGAGING IN SUCH OTHER CONDUCT AS TAGTALK MAY REASONABLY SPECIFY) CONSTITUTES YOUR AGREEMENT TO THE UPDATED TERMS.  THEREFORE, YOU SHOULD REVIEW THESE TERMS BEFORE USING THE WEBSITES.  THE UPDATED TERMS WILL BE EFFECTIVE AS OF THE TIME OF POSTING, OR SUCH LATER DATE AS MAY BE SPECIFIED IN THE UPDATED TERMS, AND WILL APPLY TO YOUR USE OF THE WEBSITES FROM THAT POINT FORWARD.


    • THE WEBSITES ARE CURRENTLY A FREE SERVICE, BUT TAGTALK RESERVES THE RIGHT TO BEGIN CHARGING AT ANY TIME FOR USE OF ALL OR PARTS OF THE WEBSITES.  TAGTALK RESERVES THE RIGHT TO DISCONTINUE ANY ASPECT OF THE WEBSITES AT ANY TIME WITHOUT ANY PRIOR REFERENCE TO YOU. TAGTALK RESERVES THE RIGHT TO RECLAIM USERNAMES THAT BECOME INACTIVE OR ON BEHALF OF BUSINESSES OR INDIVIDUALS THAT HOLD LEGAL CLAIM OR TRADEMARK ON THOSE USERNAMES.

  • GENERAL

    • TAGTALK AND CLIENT AGREE THAT CLIENT’S RETENTION OF TAGTALK WITH RESPECT TO THE SERVICES AS DESCRIBED FURTHER SHALL BE SUBJECT TO THESE TERMS AND CONDITIONS, AND THESE TERMS AND CONDITIONS, TOGETHER WITH ANY OTHER DOCUMENTS ENTERED INTO HEREUNDER AND/OR OTHERWISE REFERRED TO HEREIN(COLLECTIVELY, THE "AGREEMENT") SHALL BE THE EXCLUSIVE TERMS WITH RESPECT THERETO, AND THAT THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT REPRESENT THE FINAL AND COMPLETE CONTRACT BETWEEN THE PARTIES THE TERMS OF WHICH CANNOT BE MODIFIED BY EITHER PARTY EXCEPT BY AN EXPRESS WRITTEN AGREEMENT SIGNED BY BOTH PARTIES.

      THESE TERMS OF USE COVER ALL OF THE WEBSITES AND ANY ASSOCIATED CONTENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL MOBILE OR DESKTOP APPLICATIONS, APPS, EMAIL, OVER-THE-TOP-PLATFORMS, STREAMING SERVICES, SOFTWARE, SOCIAL MEDIA ACCOUNTS, RSS AND MOBILE SERVICES (AS DEFINED BELOW) OR OTHER PRODUCTS, MATERIALS, OR SERVICES MADE AVAILABLE ON, FROM, OR THROUGH WEBSITES (COLLECTIVELY, THE “WEBSITES”) OF TAGTALK INTERNET PVT. LTD. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “TAGTALK MEDIA PVT. LTD.”), OR OWNED OR OPERATED BY TAGTALK INTERNET PVT. LTD.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING ANY OF THE TAGTALK INTERNET PVT. LTD. WEBSITES, SOFTWARE, SERVICES OR PRODUCTS. 

      THESE TERMS OF USE, TOGETHER WITH TAGTALK’S PRIVACY POLICY AT HTTP://WWW.TAGTALK.COM/LEGAL/PRIVACY AND TAGTALK’S COPYRIGHT POLICY AT HTTP://TAGTALK.COM/LEGAL/COPYRIGHT, EACH INCORPORATED HEREIN BY REFERENCE (TAGTALK’S PRIVACY POLICY AND COPYRIGHT POLICY ARE COLLECTIVELY, WITH THESE TERMS OF USE, ARE REFERRED TO HEREIN AS THE “TERMS”), AND ANY OTHER LEGAL NOTICES PUBLISHED BY TAGTALK ON THE WEBSITES CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND TAGTALK CONCERNING THE WEBSITES.

      BY VISITING ANY OF THE TAGTALK WEBSITES OR DOWNLOADING, INSTALLING, OR USING ANY TAGTALK SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS.  IF YOU DO NOT AGREE TO ANY OF THESE TERMS, INCLUDING THE TAGTALK PRIVACY POLICY AND COPYRIGHT POLICY, PLEASE DO NOT USE THE WEBSITES.

      THE WEBSITES ARE PROVIDED, CONTROLLED, OPERATED, AND ADMINISTERED BY TAGTALK FROM ITS OFFICES WITHIN INDIA.  TAGTALK MAKES NO REPRESENTATION THAT THE WEBSITES ARE APPROPRIATE OR AVAILABLE FOR USE AT OTHER LOCATIONS OUTSIDE OF THE REPUBLIC OF INDIA, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED.  IF YOU ACCESS ANY WEBSITE FROM A LOCATION OUTSIDE OF THE INDIA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS OF THAT LOCATION.

      THESE TERMS APPLY TO ALL USERS OF THE WEBSITES, INCLUDING USERS WHO CONTRIBUTE USER SUBMISSIONS (AS DEFINED BELOW).  THESE TERMS APPLY TO ALL CONTENT AND WORKS OF AUTHORSHIP, VISUAL INTERFACES, INTERACTIVE FEATURES, INFORMATION, GRAPHICS, DESIGN, COMPILATION, PHOTOGRAPHS, COMPUTER CODE, API’S, PRODUCTS, SOFTWARE, PHOTOGRAPHS, SERVICES, AUDIO/VISUAL ELEMENTS, CREATIONS, MOTION PICTURES, MUSICAL COMPOSITIONS, SOUND RECORDINGS, PROPRIETARY MATERIALS, INTELLECTUAL PROPERTY, ALL OTHER ELEMENTS OF AND MATERIALS INCORPORATED IN, APPEARING ON, OR PUBLISHED ON, THE WEBSITES, TRADEMARKS, TRADE SECRETS, PATENTS, OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY MATERIAL, AND ALL RIGHTS THEREIN, OF ANY KIND AND NATURE, IN ANY AND ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED (COLLECTIVELY, “MATERIAL”)

      ALL INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS IN THE ONLINE CONTENTS (IN BOTH MACHINE READABLE AND PRINTED FORM) BELONG TO APPROPRIATE USER WHO HAS UPLOADED THE SAID CONTENTS ON APP (MOBILE AND/OR DESKTOP APPLICATION). OTHER USERS SHALL NOT USE ONLINE CONTENTS IN ANY WAY THAT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF IPR OWNER WHO HAS UPLOADED THE SAID CONTENTS. USERS SHALL NOT OBSCURE OR REMOVE ANY COPYRIGHT NOTICES THAT APPEAR ON ONLINE CONTENTS PUBLISHED ON APP. HOWEVER, WE MAY USE USER’S ONLINE CONTENTS FOR OUR DATA ANALYTICS PURPOSES AS PER OUR PRIVACY POLICY.

      THE GRAPHICS, SOFTWARE, DISPLAY FORMATS (EXCLUDING ONLINE CONTENTS UPLOADED BY ANY USER), DESIGN, STYLE, INTERFACE, COMPILATION, DIGITAL CONVERSION, FLOW AND EVERY OTHER MATTERS RELATED TO THE SITE ARE OWNED BY TAGTALK AND PROTECTED UNDER APPLICABLE INDIAN AND INTERNATIONAL COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY (INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY) RIGHTS. “TAGTALK.AI” AND OTHER MARKS ARE EITHER TRADEMARKS OR REGISTERED TRADEMARKS OF TAGTALK INTERNET PVT. LTD.

      YOU AGREE AND ACKNOWLEDGE THAT IPR SHALL INCLUDE BUT NOT LIMITED TO FOLLOWING LIST OF MODULES AND SUB-MODULES OF TAGTALK APP.

      EVERY EFFORT HAS BEEN MADE TO ENSURE THE ORIGINALITY AND AUTHENTICITY OF ONLINE CONTENTS OF TAGTALK. SIMILARITIES WITH ONLINE CONTENTS ON SIMILAR SUBJECTS / TOPICS AVAILABLE IN ANY FORM ELSEWHERE ARE PURELY COINCIDENTAL. THE USER UNEQUIVOCALLY AGREES TO ENSURE THAT IN EVENT OF CLAIMING A COPYRIGHT VIOLATION THE USER WILL UNDERTAKE TO FIRST INFORM US THROUGH ALL AVAILABLE MEANS PROVIDED IN THE APP OF TAGTALK ABOUT THE NATURE OF COPYRIGHT VIOLATION AND SUSPECTED USER WHO IS PRIMA FACIE RESPONSIBLE FOR SAID COPYRIGHT VIOLATIONS AS WELL UNDERTAKES NOT TO PROCEED WITH LEGAL / JUDICIAL ACTION WITHOUT RECOURSE THROUGH A MEANINGFUL DIALOGUE WITH US AND PROVIDING US AN OPPORTUNITY TO UNDERTAKE CORRECTIVE ACTION, IF REQUIRED, IN A MUTUALLY AGREEABLE TIME FRAME. OTHER PRODUCTS/SERVICES, RESTAURANT NAMES AND BRAND NAME DISPLAYED ON THE SITE MAY BE THE TRADEMARKS OR COPYRIGHTS OF THEIR RESPECTIVE OWNERS. THE COPYING, REDISTRIBUTION, USE OR PUBLICATION BY USER OF ANY SUCH MATTERS OR ANY PART OF THE SITE EXCEPT AS ALLOWED BY THIS AGREEMENT ARE STRICTLY PROHIBITED.

  • TAGTALK: FEATURES, SERVICES AND GROUP OF SOFTWARE


    • TAGTALK, TAGBOX, TAGBIZ, TAGTV, TAGSCREEN, TAGSCAN, TAGTALK USER APP, TAGCHAT, TAGTRADE, LOY BOT AND OTHER SERVICES ARE THE GROUP OF FEATURES, SERVICES AND SOFTWARE OF TAGTALK INTERNET PRIVATE LIMITED.

      TAGTALK SHALL NOT BE OBLIGATED TO PROVIDE ANY SERVICES OTHER THAN THE TAGTALK UNLESS EXPRESSLY AGREED TO BY TAGTALK AND THE CLIENT IN A SEPARATE WRITTEN AGREEMENT.

      TAGTALK WILL PROVIDE CUSTOMER SUPPORT TO ADDRESS ANY AND ALL ISSUES RELATED TO THE USE OF THE TAGTALK, INCLUDING TECHNICAL SUPPORT, TROUBLESHOOTING OF USE, SERVICE INTERRUPTION, ETC.

  • ELIGIBILITY 

    • TO USE THE WEBSITES, YOU MUST EITHER BE: (A) AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE (WHICHEVER IS GREATER); IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE THE WEBSITES.

      TAGTALK MAY ONLY BE USED OR ACCESSED BY SUCH PERSONS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER INDIAN CONTRACT ACT, 1872. PERSONS WHO ARE ‘INCOMPETENT TO CONTRACT’ WITHIN THE MEANING OF THE INDIAN CONTRACT ACT, 1872 INCLUDING MINORS, PERSONS OF UNSOUND MIND, AND INSOLVENTS ARE NOT ELIGIBLE TO USE THE APP. A MINOR IS NOT ALLOWED TO ACCESS OR REGISTER AS A USER OR USER ON THE APP. IF YOU REPRESENT AND ARE REGISTERING AS A BUSINESS ENTITY, BY ACCEPTING THE USER AGREEMENT YOU REPRESENT THAT SUCH ENTITY HAS SUFFICIENT AUTHORITY UNDER APPLICABLE LAW TO ENTER INTO THE USER AGREEMENT AND YOU ARE DULY AUTHORIZED BY THE BUSINESS ENTITY TO ACCEPT THIS USER AGREEMENT AND YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS ENTITY TO THIS USER AGREEMENT.

  • TAGTALK ACCOUNTS

    • YOU DO NOT NEED AN ACCOUNT IN ORDER TO ACCESS CONTENT ON THE WEBSITES; HOWEVER, IN ORDER TO ACCESS SOME FEATURES OF THE WEBSITES, YOU WILL HAVE TO CREATE AN ACCOUNT.  YOU MAY BE ABLE TO CREATE YOUR ACCOUNT USING YOUR FACEBOOK, SOCIAL MEDIA, EMAIL OR OTHER ACCOUNTS.  YOUR USE OF THOSE THIRD-PARTY SERVICES ARE GOVERNED BY THE TERMS OF USE AND PRIVACY POLICIES OF THOSE THIRD PARTIES.  ADDITIONALLY, YOU MAY NEVER USE ANOTHER’S ACCOUNT WITHOUT PERMISSION.  WHEN CREATING YOUR ACCOUNT, YOU MUST PROVIDE ACCURATE AND COMPLETE INFORMATION. TAGTALK PROHIBITS THE CREATION OF, AND YOU AGREE THAT YOU WILL NOT CREATE, AN ACCOUNT FOR ANYONE OTHER THAN YOURSELF.  YOU ALSO REPRESENT THAT ALL INFORMATION YOU PROVIDE OR PROVIDED TO TAGTALK UPON REGISTRATION AND AT ALL OTHER TIMES WILL BE TRUE, ACCURATE, CURRENT, AND COMPLETE.  YOU AGREE TO UPDATE YOUR INFORMATION AS NECESSARY TO MAINTAIN ITS TRUTH AND ACCURACY.  YOU ARE SOLELY RESPONSIBLE FOR THE ACTIVITY THAT OCCURS ON YOUR ACCOUNT, AND YOU MUST KEEP YOUR ACCOUNT PASSWORD SECURE.  IT IS YOUR SOLE RESPONSIBILITY TO PROTECT YOUR PASSWORD FROM UNAUTHORIZED USE.  YOU MUST NOTIFY TAGTALK IMMEDIATELY OF ANY BREACH OF SECURITY OR UNAUTHORIZED USE OF YOUR ACCOUNT.  YOU AGREE THAT YOU WILL NOT SOLICIT, COLLECT OR USE THE LOGIN CREDENTIALS OF OTHER TAGTALK USERS.


    • ALTHOUGH TAGTALK WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT, YOU MAY BE LIABLE FOR THE LOSSES OF TAGTALK OR OTHERS DUE TO SUCH UNAUTHORIZED USE.  TAGTALK WILL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA OR ANY MATERIAL, INFORMATION, OR DATA SENT TO OR RECEIVED FROM YOUR ACCOUNT, REGARDLESS OF WHETHER THE DATA IS ACTUALLY RECEIVED BY TAGTALK.

  • LIMITED USER LICENSE; RESTRICTIONS

    • TAGTALK INTERNET PRIVATE LIMITED ("TAGTALK") AND YOU ("CLIENT" OR"USER") AGREE THAT THE FOLLOWING TERMS AND CONDITIONS WILL GOVERN USER’S LICENSE AND USE OF TAGTALK'S SOCIAL MEDIA AND MARKETING DISPLAY ADVERTISING AND VENUE MESSAGING SERVICE (THE "TAGTALK") AND EQUIPMENT FOR THE STREAMING OF CONTENT AND SOCIAL MEDIA FROM A MEDIA PLAYER.

      TAGTALK HEREBY GRANTS CLIENT A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-ASSIGNABLE RIGHT TO USE THE TAGTALK, ALL RELATED EQUIPMENT AND ALL SOFTWARE, DATABASES AND PROPRIETARY DATA THAT MAKES UP SAID SERVICES, SUBJECT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. ALL RIGHTS NOT EXPRESSLY GRANTED TO CLIENT ARE RESERVED BY TAGTALK AND ITS LICENSORS.

      YOUR RIGHT TO USE THE TAGTALK WEBSITES AND ANY MATERIAL OR OTHER CONTENT APPEARING ON IT IS SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS.  ALL MATERIAL IS PROVIDED TO YOU ON “AS IS” BASIS.  MODIFICATION OR USE OF THE MATERIAL OR OTHER CONTENT ON TAGTALK WEBSITES FOR ANY PURPOSE NOT PERMITTED BY THESE TERMS MAY BE A VIOLATION OF THE IP RIGHTS THEREIN AND IS PROHIBITED.

      YOU MAY ACCESS AND DISPLAY MATERIAL AND ALL OTHER CONTENT DISPLAYED ON THE WEBSITES FOR NON-COMMERCIAL, PERSONAL, ENTERTAINMENT USE ON A SINGLE COMPUTER OR DEVICE ONLY.  THE MATERIAL AND ALL OTHER CONTENT ON THE WEBSITES MAY NOT OTHERWISE BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, DISTRIBUTED OR USED IN ANY WAY UNLESS SPECIFICALLY AUTHORIZED BY TAGTALK.  IF TAGTALK DOES AUTHORIZE YOU TO COPY ANY MATERIAL OR ANY PART OF THE WEBSITES, THAT AUTHORIZATION IS SUBJECT TO KEEPING INTACT, AND NOT ALTERING, REMOVING, MODIFYING, OR SUPPRESSING, ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.  USING ANY MATERIAL ON ANY OTHER WEBSITE OR NETWORKED COMPUTER ENVIRONMENT IS PROHIBITED.  ALSO, DECOMPILING, REVERSE ENGINEERING, DISASSEMBLING, OR OTHERWISE REDUCING THE CODE USED IN ANY SOFTWARE ON TAGTALK WEBSITES INTO A READABLE FORM IN ORDER TO EXAMINE THE CONSTRUCTION OF SUCH SOFTWARE AND/OR TO COPY OR CREATE OTHER PRODUCTS BASED (IN WHOLE OR IN PART) ON SUCH SOFTWARE, IS PROHIBITED.

      YOU UNDERSTAND THAT, WHEN USING THE WEBSITES, YOU WILL BE EXPOSED TO MATERIAL FROM A VARIETY OF SOURCES, AND THAT TAGTALK IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, USEFULNESS, OR IP RIGHTS OF OR RELATING TO SUCH MATERIAL.  YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO MATERIAL THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAD, HAVE, OR MAY HAVE AGAINST TAGTALK WITH RESPECT THERETO.

      CLIENT/USER SHALL NOT: USE (INCLUDING MAKING ANY COPIES OF) THE TAGTALK BEYOND THE SCOPE OF THE LICENSE GRANTED HEREIN; MAKE USE OF THE TAGTALK ON MORE THAN ONE DEVICE AT A TIME, WITHOUT PRIOR PURCHASES OF ADDITIONAL LICENSES OR PRIOR AGREEMENT WITH TAGTALK; RENT, LEASE, LEND, SELL, RESELL, SUBLICENSE, TRANSFER, ASSIGN, SHARE, PUBLISH, DISTRIBUTE, COMMERCIALLY EXPLOIT OR MAKE AVAILABLE THE TAGTALK IN ANY MANNER WHATSOEVER, TO ANY OTHER THIRD PARTY, WITHOUT PRIOR CONSENT FROM TAGTALK; MODIFY, ADAPT, TRANSLATE, CREATE DERIVATIVE WORKS OR IMPROVEMENTS BASED UPON ANY PART OF THE TAGTALK OTHER THAN WHAT MAY BE USED IN ACCORDANCE WITH THIS LICENSE; REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, COPY, CREATE DERIVATIVE WORKS, OR OTHERWISE MODIFY THE TAGTALK, ANY UPDATES, OR ANY PART THEREOF, NOR ATTEMPT TO LOCATE OR OBTAIN ITS SOURCE CODE; ALTER OR REMOVE ANY TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY NOTICE OF TAGTALK CONTAINED WITHIN THE TAGTALK; USE THE TAGTALK FOR PURPOSES OF COMPETITIVE ANALYSIS OF THE TAGTALK, THE DEVELOPMENT OF A COMPETING SOFTWARE PRODUCT OR SERVICE OR ANY OTHER PURPOSE THAT IS TO TAGTALK’S COMMERCIAL DISADVANTAGE; BUILD OR CREATE A COMPETITIVE PRODUCT OR SERVICE USING SIMILAR IDEAS, FEATURES, FUNCTIONS OR GRAPHICS OF THE TAGTALK OR COPY ANY SUCH IDEAS, FEATURES, FUNCTIONS OR GRAPHICS OF THE TAGTALK; COMBINE THE TAGTALK OR ANY PART THEREOF WITH, OR INCORPORATE THE TAGTALK OR ANY PART THEREOF, IN ANY OTHER SOFTWARE OR PROGRAMS; USE THE TAGTALK IN VIOLATION OF ANY FOREIGN, FEDERAL, STATE OR LOCAL LAW, REGULATION OR RULE; OR MAKE USE OF THE TAGTALK IN ANY MANNER NOT STIPULATED WITHIN THIS AGREEMENT OR THE DOCUMENTATION ACCOMPANYING THE TAGTALK.


    • CLIENT/USER AGREES NOT TO USE THE TAGTALK TO STREAM OR SHOW CONTENT THAT IS DEFAMATORY, OBSCENE, INDECENT, VIulENTLY GRAPHIC, OR DISCRIMINATORY AGAINST ANY CLASS OF PERSONS ("UNDESIRABLE CONTENT"). CLIENT UNDERSTANDS THAT TAGTALK MAY BE CURATING CONTENT FROM THIRD PARTY SOURCES, AND UNDESIRABLE CONTENT MAY BE INADVERTENTLY DISPLAYED. TAGTALK IS NOT RESPONSIBLE FOR, AND WILL NOT BE HELD LIABLE FOR ANY UNDESIRABLE CONTENT THAT IS DISPLAYED. TAGTALK RESERVES THE EXCLUSIVE RIGHT TO CONTROL ANY AND ALL CONTENT DISPLAYED BY THE TAGTALK.  TAGTALK RESERVES THE RIGHT TO DISPLAY SPONSOR-ABLE CONTENT, CONTENT FOR PROMOTIONS OR ADVERTISING CAMPAIGNS FROM TIME TO TIME IN THE FUTURE. FOR PURPOSES OF THIS AGREEMENT, “CONTENT” MEANS THE AUDIO AND VISUAL INFORMATION, GRAPHICS, TEXT, IMAGES, MUSIC, SOFTWARE AND DOCUMENTS MADE AVAILABLE IN THE COURSE OF USING THE TAGTALK.


    • CLIENT HEREBY GRANTS TO TAGTALK A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE LICENSE FOR THE TERM (AS HEREINAFTER DEFINED) TO EDIT, MODIFY, ADAPT, TRANSLATE, EXHIBIT, PUBLISH, TRANSMIT, PARTICIPATE IN THE TRANSFER OF, REPRODUCE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, DISPLAY AND OTHERWISE USE ANY AND ALL OF CLIENT’S TRADEMARK, COPYRIGHT, SOCIAL MEDIA PLATFORMS (I.E. FACEBOOK, TWITTER, INSTAGRAM, LINKEDIN, ETC.) OR OTHER INFORMATION AND MATERIAL ("CLIENT CONTENT") THAT IS USED, DISPLAYED, OR PROMOTED THROUGH THE TAGTALK.


    • CLIENT ASSUMES SulE RESPONSIBILITY FOR THE ACCURACY OF ANY CLIENT CONTENT DISPLAYED ON THE TAGTALK.  CLIENT REPRESENTS, WARRANTS AND AGREES THAT ANY CLIENT CONTENT USED WILL: (A) NOT BE MISLEADING TO THE GENERAL PUBLIC OR OTHERWISE CONTAIN ANY INFORMATION THAT IS FALSE, INACCURATE, FRAUDULENT, OR DECEPTIVE; (B) NOT BE UNLAWFUL, HARMFUL, THREATENING, MALICIOUS, ABUSIVE, HARASSING, TORTUOUS, DEFAMATORY, VULGAR, OBSCENE, PORNOGRAPHIC, SEXUALLY EXPLICIT, LIBELOUS, INDECENT, INTIMIDATING, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, OR SEXUALLY, RACIALLY, CULTURALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLY; (C) NOT IMPERSONATE ANYONE ELSE OR FALSELY REPRESENT CLIENT’S AFFILIATION WITH ANY PERSON OR ENTITY; (D) NOT CONTAIN SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT; (E) CONSIST SOLELY OF CONTENT THAT CLIENT HAS THE FULL AND COMPLETE RIGHT TO POST AND TRANSMIT, BOTH LEGALLY AND CONTRACTUALLY; (F) NOT INFRINGE ON ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY, CONTRACT, MORAL, PRIVACY, OR OTHER RIGHTS OF ANY PERSON OR ENTITY; (G) NOT PROMOTE ANY ILLEGAL ACTIVITY; AND (H) NOT INTENTIONALLY OR UNINTENTIONALLY VIOLATE ANY APPLICABLE LAW OR REGULATIONS OR OTHERWISE EXPOSE TAGTALK TO CIVIL OR CRIMINAL LIABILITY.  CLIENT IS SOLELY RESPONSIBLE FOR ENSURING THAT CLIENT CONTENT DOES NOT, AND WILL NOT VIOLATE ANY REQUIREMENTS OF THIS AGREEMENT OR ANY RIGHTS OF ANY THIRD PARTY.  CLIENT ACKNOWLEDGES THAT, WITH RESPECT TO ANY CLIENT CONTENT, TAGTALK IS ACTING SOLELY AS A CHANNEL FOR DISTRIBUTION AND DOES NOT UNDERTAKE ANY OBLIGATION OR LIABILITY RELATING TO ANY CLIENT CONTENT.


    • USER AGREES NOT TO USE THE SOFTWARE TO STREAM OR SHOW CONTENT THAT IS DEFAMATORY, OBSCENE, INDECENT, VIulENTLY GRAPHIC, OR DISCRIMINATORY AGAINST ANY CLASS OF PERSONS. FOR PURPOSES OF THIS AGREEMENT, “CONTENT” MEANS THE AUDIO AND VISUAL INFORMATION, GRAPHICS, TEXT, IMAGES, MUSIC, SOFTWARE AND DOCUMENTS MADE AVAILABLE IN THE COURSE OF USING THE SOFTWARE.

      WE GRANT YOU A PERSONAL, LIMITED, NON-EXCLUSIVE AND NON-TRANSFERABLE LICENSE TO ACCESS AND USE THE SERVICES ONLY AS EXPRESSLY PERMITTED IN THESE TERMS. YOU SHALL NOT USE THE SERVICES FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THESE TERMS. YOU MAY USE INFORMATION MADE AVAILABLE THROUGH THE SERVICES SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE. YOU AGREE NOT TO USE, COPY, DISPLAY, DISTRIBUTE, MODIFY, BROADCAST, TRANSLATE, REPRODUCE, REFORMAT, INCORPORATE INTO ADVERTISEMENTS AND OTHER WORKS, SELL, PROMOTE, CREATE DERIVATIVE WORKS, OR IN ANY WAY EXPLOIT OR ALLOW OTHERS TO EXPLOIT ANY OF TAGTALK CONTENT IN WHOLE OR IN PART EXCEPT AS EXPRESSLY AUTHORIZED BY US. EXCEPT AS OTHERWISE EXPRESSLY GRANTED TO YOU IN WRITING, WE DO NOT GRANT YOU ANY OTHER EXPRESS OR IMPLIED RIGHT OR LICENSE TO THE SERVICES, TAGTALK CONTENT OR OUR IP RIGHTS.

      ANY VIOLATION BY YOU OF THE LICENSE PROVISIONS CONTAINED IN THIS SECTION MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE SERVICES, AS WELL AS POTENTIAL LIABILITY FOR COPYRIGHT AND OTHER IP RIGHTS INFRINGEMENT DEPENDING ON THE CIRCUMSTANCES.

  • MOBILE SERVICES

    • TAGTALK MAY OFFER CERTAIN SERVICES THAT ARE AVAILABLE VIA A MOBILE DEVICE OR APP, INCLUDING: (A) THE ABILITY TO UPLOAD USER SUBMISSIONS TO THE WEBSITES VIA MOBILE DEVICE; (B) THE ABILITY TO BROWSE THE WEBSITES FROM A MOBILE DEVICE; AND (C) THE ABILITY TO ACCESS CERTAIN FEATURES THROUGH AN APPLICATION DOWNLOADED AND INSTALLED ON A MOBILE DEVICE (COLLECTIVELY, THE ”MOBILE SERVICES“).  TO THE EXTENT YOU ACCESS THE WEBSITES THROUGH A MOBILE DEVICE, YOUR WIRELESS SERVICE CARRIER’S STANDARD CHARGES, DATA RATES, AND OTHER FEES MAY APPLY.  IN ADDITION, DOWNLOADING, INSTALLING, OR USING CERTAIN MOBILE SERVICES MAY BE PROHIBITED OR RESTRICTED BY YOUR CARRIER.  NOT ALL MOBILE SERVICES MAY WORK WITH ALL CARRIERS OR DEVICES.  BY USING THE MOBILE SERVICES, YOU UNDERSTAND THAT CERTAIN INFORMATION ABOUT YOUR USAGE OF THE MOBILE SERVICES MAY BE COMMUNICATED TO TAGTALK.

  • PAYMENTS TERMS

    • PAYMENT AND PRICING TERMS FOR THE SERVICE ARE AS SPECIFIED IN THE ORDER FORM UTILIZED TO ORDER SUCH SUBSCRIPTION.

      THERE COULD BE SOME TAGTALK SERVICES WHICH COULD BE FREE WITH SOLE DISCRETION OF TAGTALK AND ITS MANAGEMENT.

      FEES FOR THE SOFTWARE ARE SET FORTH BY TAGTALK. USER IS RESPONSIBLE FOR PAYING FOR ALL SPECIFIED FEES AND AGREES TO PAY TAGTALK ON THE DATE ANY OUTSTANDING FEES ARE DUE. EACH USER’S BILLING HISTORY AND RECORD OF ALL TRANSACTIONS ARE PROVIDED THROUGH SUCH USER’S ACCOUNT VIA TAGTALK. TAGTALK RESERVES THE RIGHT TO MODIFY ITS FEES AND CHARGES AND INTRODUCE NEW CHARGES AT ANY TIME; HOWEVER SUCH FEE CHANGES WILL NOT APPLY DURING THE CURRENT AGREEMENT TERM HOWEVER ONLY WITH PROSPECTIVE EFFECT. ALL FEES ARE EXCLUSIVE OF ANY APPLICABLE CENTRAL OR STATE SALES, SERVICE OR USER OR SUCH OTHER TAXES. USER IS SOLELY RESPONSIBLE FOR PAYING ALL SUCH TAXES AND GOVERNMENT CHARGES IN ADDITION TO THE FEES MENTIONED HEREINABOVE. IN THE EVENT USER HAS ORDERED ANY EQUIPMENT, USER AGREES TO PAY ALL EQUIPMENT RELATED FEES ON THE ORDER DATE, INCLUDING, IF APPLICABLE, ALL INSTALLATION FEES. USER’S FAILURE TO PAY ANY OUTSTANDING BALANCE WITHIN ON THE APPLICABLE DUE DATE WILL RESULT IN THE IMMEDIATE SUSPENSION OF TAGTALK SOFTWARE AND SERVICES AND DEACTIVATION WITHIN TWENTY FOUR (24) HOURS UNTIL SUCH OUTSTANDING BALANCE IS PAID IN FULL. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS SET FORTH IN THIS AGREEMENT, REFUNDS (IF ANY) ARE SOLELY AT THE DISCRETION OF TAGTALK. NOTHING IN THIS AGREEMENT REQUIRES TAGTALK TO EXTEND CREDIT TO USER. UPON ANY PAYMENT DEFAULT BY USER WHICH IS NOT CURED WITHIN THREE (3) BUSINESS DAYS OF WRITTEN NOTICE FROM TAGTALK TO USER OF SUCH PAYMENT DEFAULT, TAGTALK MAY, IN ITS SOLE DISCRETION, IMMEDIATELY TERMINATE YOUR ACCESS AND USE OF THE SOFTWARE AT ANY TIME THEREAFTER. PAYMENT WITHIN STIPULATED TIME IS THE ESSENCE OF THIS CONTRACT.

      USER AGREES TO PROVIDE TAGTALK WITH A VALID CHEQUE OR PAYMENT METHOD AND COMPLETE AND ACCURATE BILLING AND CONTACT INFORMATION AND HEREBY AUTHORIZES TAGTALK TO DEDUCT AGREED FEES AND OTHER CHARGES. THIS INFORMATION INCLUDES SUCH USER’S LEGAL COMPANY OR INDIVIDUAL NAME, STREET ADDRESS, E-MAIL ADDRESS, AND NAME AND TELEPHONE NUMBER OF AN AUTHORIZED BILLING CONTACT OR CREDIT CARD HOLDER. USER AGREES TO UPDATE ALL SUCH CREDIT CARD AND OTHER BILLING AND CONTACT INFORMATION WITHIN THREE (3) BUSINESS DAYS OF ANY CHANGE TO IT. USER REPRESENTS AND WARRANTS TO TAGTALK THAT ANY CREDIT CARD PROVIDED TO TAGTALK IS AUTHORIZED BY SUCH USER INDIVIDUALLY OR BY USER’S COMPANY FOR USE BY TAGTALK AS PROVIDED HEREIN AND WILL NOT BE REJECTED. IF TAGTALK IS UNABLE FOR ANY REASON TO BILL OR PROCESS ANY CREDIT CARD CHARGES, TAGTALK WILL TAKE COMMERCIALLY REASONABLE EFFORTS TO CONTACT YOU BY EMAIL AND NOTIFY YOU TO PROVIDE ANOTHER CREDIT CARD OR METHOD OF PAYMENT TO TAGTALK; PROVIDED, HOWEVER, THAT USER AGREES THAT TAGTALK MAY SUSPEND USER’S ACCOUNT DURING SUCH TIME UNTIL USER PROVIDES ANOTHER CREDIT CARD AND USER’S CHARGES ARE PROCESSED AND PAID IN FULL. IF ANY CREDIT CARD, BILLING OR CONTACT INFORMATION PROVIDED BY ANY USER IS FALSE OR FRAUDULENT, TAGTALK, IN ADDITION TO ANY REMEDIES AVAILABLE BY LAW, RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCESS TO THE SOFTWARE.


    • IF CLIENT FAILS TO PAY THE SERVICE FEE ON THE FIRST DAY OF THE MONTH LATE CHARGES OF THE GREATER OF TWO PERCENT (2%) PER MONTH OR THE MAXIMUM AMOUNT ALLOWABLE UNDER APPLICABLE LAW SHALL ALSO BECOME PAYABLE BY CLIENT TO TAGTALK.  

      IN APP PURCHASES. FROM TIME TO TIME, TAGTALK MAY OFFER PRODUCTS AND SERVICES FOR PURCHASE (“IN APP PURCHASES”) THROUGH ITUNES, TAGTALK PLAY OR OTHER APPLICATION PLATFORMS AUTHORIZED BY TAGTALK (EACH, A “SOFTWARE STORE”). IF YOU CHOOSE TO MAKE AN IN APP PURCHASE, YOU WILL BE PROMPTED TO ENTER DETAILS FOR YOUR ACCOUNT WITH YOUR SOFTWARE STORE (“YOUR IAP ACCOUNT”), AND YOUR IAP ACCOUNT WILL BE CHARGED FOR THE IN APP PURCHASE IN ACCORDANCE WITH THE TERMS DISCLOSED TO YOU AT THE TIME OF PURCHASE AS WELL AS THE GENERAL TERMS FOR IN APP PURCHASES THAT APPLY TO YOUR IAP ACCOUNT. SOME SOFTWARE STORES MAY CHARGE YOU APPLICABLE TAXES, DEPENDING ON WHERE YOU LIVE. IF YOU PURCHASE AN AUTO-RECURRING PERIODIC SUBSCRIPTION THROUGH AN IN-APP PURCHASE, YOUR IAP ACCOUNT WILL BE BILLED CONTINUOUSLY FOR THE SUBSCRIPTION UNTIL YOU CANCEL. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR AN ADDITIONAL EQUIVALENT PERIOD, AT THE PRICE YOU AGREED TO WHEN SUBSCRIBING. IF YOU DO NOT WISH YOUR SUBSCRIPTION TO RENEW AUTOMATICALLY, OR IF YOU WANT TO CHANGE OR TERMINATE YOUR SUBSCRIPTION, YOU WILL NEED TO LOG IN TO YOUR IAP ACCOUNT AND FOLLOW INSTRUCTIONS TO CANCEL YOUR SUBSCRIPTION, EVEN IF YOU HAVE OTHERWISE DELETED YOUR ACCOUNT WITH US OR THE TAGTALK APPLICATION FROM YOUR DEVICE.

      TAGTALK ONLINE PURCHASES. IF YOU CHOOSE TO MAKE A PURCHASE THROUGH TAGTALK ONLINE, YOU AGREE TO PAY TAGTALK ALL CHARGES AT THE PRICES DISPLAYED TO YOU FOR THE SERVICES YOU’VE SELECTED AS WELL AS ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR PAYMENTS, AND YOU AUTHORIZE TAGTALK TO CHARGE YOUR CHOSEN PAYMENT PROVIDER (YOUR “PAYMENT METHOD”). TAGTALK MAY CORRECT ANY BILLING ERRORS OR MISTAKES THAT IT MAKES EVEN IF IT HAS ALREADY REQUESTED OR RECEIVED PAYMENT. IF YOU INITIATE A CHARGEBACK OR OTHERWISE REVERSE A PAYMENT MADE WITH YOUR PAYMENT METHOD, TAGTALK MAY TERMINATE YOUR ACCOUNT IMMEDIATELY IN ITS SOLE DISCRETION.

  • SUPER WAVES, SUPER HELLOS AND OTHER VIRTUAL ITEMS. 

    • FROM TIME TO TIME, YOU MAY BE ABLE TO PURCHASE, WITH “REAL WORLD” MONEY, A LIMITED, PERSONAL, NON-TRANSFERABLE, NON-SUBLICENSABLE, REVOCABLE LICENSE TO USE “VIRTUAL ITEMS,” INCLUDING BUT NOT LIMITED TO SUPER WAVES OR SUPER HELLOS (COLLECTIVELY, “VIRTUAL ITEMS”). YOU ARE ONLY ALLOWED TO PURCHASE VIRTUAL ITEMS FROM US OR OUR AUTHORIZED PARTNERS THROUGH THE SERVICE AND NOT IN ANY OTHER WAY. VIRTUAL ITEMS REPRESENT A LIMITED LICENSE RIGHT GOVERNED BY THIS AGREEMENT. EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, VIRTUAL ITEMS OBTAINED BY YOU ARE LICENSED TO YOU, AND YOU ACKNOWLEDGE THAT NO TITLE OR OWNERSHIP IN OR TO VIRTUAL ITEMS IS BEING TRANSFERRED OR ASSIGNED TO YOU. THIS AGREEMENT SHOULD NOT BE CONSTRUED AS A SALE OF ANY RIGHTS IN VIRTUAL ITEMS. ANY VIRTUAL ITEM BALANCE SHOWN IN YOUR ACCOUNT DOES NOT CONSTITUTE A REAL-WORLD BALANCE OR REFLECT ANY STORED VALUE, BUT INSTEAD CONSTITUTES A MEASUREMENT OF THE EXTENT OF YOUR LICENSE. VIRTUAL ITEMS DO NOT INCUR FEES FOR NON-USE, HOWEVER, THE LICENSE GRANTED TO YOU IN VIRTUAL ITEMS WILL TERMINATE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, WHEN TAGTALK CEASES PROVIDING THE SERVICE OR YOUR ACCOUNT IS OTHERWISE CLOSED OR TERMINATED. TAGTALK, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO CHARGE FEES FOR THE RIGHT TO ACCESS OR USE VIRTUAL ITEMS AND/ OR MAY DISTRIBUTE VIRTUAL ITEMS WITH OR WITHOUT CHARGE. TAGTALK MAY MANAGE, REGULATE, CONTROL, MODIFY OR ELIMINATE VIRTUAL ITEMS AT ANY TIME. TAGTALK SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN THE EVENT THAT TAGTALK EXERCISES ANY SUCH RIGHTS. THE TRANSFER OF VIRTUAL ITEMS IS PROHIBITED, AND YOU SHALL NOT SELL, REDEEM OR OTHERWISE TRANSFER VIRTUAL ITEMS TO ANY PERSON OR ENTITY. VIRTUAL ITEMS MAY ONLY BE REDEEMED THROUGH THE SERVICE. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. THE PROVISION OF VIRTUAL ITEMS FOR USE IN THE SERVICE IS A SERVICE PROVIDED BY TAGTALK THAT COMMENCES IMMEDIATELY UPON THE ACCEPTANCE OF YOUR PURCHASE OF SUCH VIRTUAL ITEMS. YOU ACKNOWLEDGE THAT TAGTALK IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

  • RESTRICTED ACCESS

    • ACCESS TO CERTAIN AREAS OF THIS WEBSITE IS RESTRICTED.  TAGTALK RESERVES THE RIGHT TO RESTRICT ACCESS TO AREAS OF THIS WEBSITE, OR INDEED THIS ENTIRE WEBSITE, AT TAGTALK’S DISCRETION.

      IF TAGTALK PROVIDES YOU WITH A USER ID AND PASSWORD TO ENABLE YOU TO ACCESS RESTRICTED AREAS OF THIS WEBSITE OR OTHER CONTENT OR SERVICES, YOU MUST ENSURE THAT THE USER ID AND PASSWORD ARE KEPT CONFIDENTIAL. IT IS MADE EXPLICITLY CLEAR THAT YOUR USERID IS THE PROPERTY OF TAGTALK. TAGTALK MAY DISABLE YOUR USER ID AND PASSWORD IN TAGTALK’S SOLE DISCRETION WITHOUT NOTICE OR EXPLANATION.

  • PROPRIETARY RIGHTS IN THE WEBSITES

    • YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITES AND ALL MATERIAL OWNED BY TAGTALK, OTHER THAN THE USER SUBMISSIONS AND/OR SOCIAL MEDIA USER CONTENT, CONSTITUTE THE PROPRIETARY AND VALUABLE PROPERTY OF TAGTALK.  ALL COPYRIGHT, PATENTS, TRADEMARK, TRADE SECRETS, OR OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY RIGHTS (COLLECTIVELY, “IP RIGHTS”) IN THE WEBSITE AND MATERIAL CONSTITUTES THE SOLE AND EXCLUSIVE PROPERTY OF TAGTALK, OR ITS LICENSEES.  ANY USE OF THE WEBSITES, OTHER THAN AS SPECIFICALLY AUTHORIZED HEREIN, IS STRICTLY PROHIBITED.  ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TAGTALK.

      SOME OF THE CHARACTERS, LOGOS, OR OTHER IMAGES INCORPORATED BY TAGTALK ON THE WEBSITES ARE ALSO PROTECTED AS REGISTERED OR UNREGISTERED TRADEMARKS, TRADE NAMES AND/OR SERVICE MARKS OWNED BY TAGTALK (AS APPLICABLE) OR OTHERS (COLLECTIVELY, “TRADEMARKS”).  YOU AGREE NOT TO USE ANY TAGTALK TRADEMARKS WITHOUT TAGTALK’S PRIOR WRITTEN CONSENT.  THE TRADEMARKS, SERVICE MARKS, TRADE NAMES, LOGOS AND OTHER BRANDING OWNED BY THIRD PARTIES AND USED OR DISPLAYED VIA THE WEBSITES (COLLECTIVELY, “THIRD PARTY MARK(S)”) MAY BE TRADEMARKS OF THEIR RESPECTIVE OWNERS WHO MAY OR MAY NOT ENDORSE OR BE AFFILIATED WITH OR CONNECTED TO TAGTALK.  EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OR IN TERMS PROVIDED BY THE OWNER OF A THIRD-PARTY MARK, NOTHING IN THESE TERMS OR THE WEBSITES SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY OF TAGTALK TRADEMARKS OR THIRD-PARTY MARKS THAT ARE USED OR DISPLAYED ON THE WEBSITES, WITHOUT THE RESPECTIVE OWNER’S PRIOR WRITTEN PERMISSION IN EACH INSTANCE.  ALL GOODWILL GENERATED FROM THE USE OF TAGTALK TRADEMARKS WILL INURE TO THE EXCLUSIVE BENEFIT OF TAGTALK.

      ALL MATERIALS, INCLUDING BUT NOT LIMITED TO ANY COMPUTER SOFTWARE (WHETHER IN OBJECT CODE OR SOURCE CODE FORM), SCRIPT, PROGRAMMING CODE, DATA, INFORMATION OR HTML SCRIPT DEVELOPED OR PROVIDED BY TAGTALK UNDER THIS AGREEMENT, AND ANY TRADE SECRETS, KNOW-HOW, METHODOLOGIES, AND PROCESSES RELATED TO TAGTALK’S PROVISION OF SERVICES, AND INCLUDING WITHOUT LIMITATION ALL COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS, TRADE SECRETS AND OTHER PROPRIETARY RIGHTS INHERENT THEREIN AND APPURTENANT THERETO, TOGETHER WITH ANY ENHANCEMENTS THERETO AND IMPROVEMENTS THEREOF (COLLECTIVELY, "TAGTALK MATERIALS"), SHALL BE AND REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF TAGTALK.  TO THE EXTENT, IF ANY, THAT OWNERSHIP OF THE TAGTALK MATERIALS DOES NOT AUTOMATICALLY VEST IN TAGTALK BY VIRTUE OF THIS AGREEMENT OR OTHERWISE, CLIENT HEREBY TRANSFERS AND ASSIGNS TO TAGTALK ALL RIGHT, TITLE AND INTEREST THAT CLIENT MAY HAVE IN AND TO ANY TAGTALK MATERIALS.

  • YOUR USER SUBMISSIONS AND CONDUCT

    • YOU MAY SUBMIT PICTURE OR VIDEO CONTENT, SOCIAL MEDIA POST (“USER PICTURES”) AND TEXTUAL CONTENT, INCLUDING BUT NOT LIMITED TO, COMMENTS AND STATUS (“USER COMMENTS”) TO TAGTALK, VIA UPLOAD OR SUBMISSION FUNCTIONS ON THE WEBSITES OR THIRD-PARTY WEBSITES USED BY TAGTALK, VIA EMAIL TO *[AT]TAGTALK[DOT]COM, OR VIA MOBILE SERVICES OR ANY TAGTALK INTERNET PVT. LTD. SERVICES.  USER PICTURES, USER COMMENTS, AND ALL MATERIAL AND IP RIGHTS THEREIN ARE COLLECTIVELY REFERRED TO AS “USER SUBMISSIONS.”  YOU UNDERSTAND THAT WHETHER OR NOT SUCH USER SUBMISSIONS ARE PUBLISHED, TAGTALK, DOES NOT GUARANTEE, AND DISCLAIMS, ANY CONFIDENTIALITY WITH RESPECT TO ANY USER SUBMISSIONS.  YOU GRANT TAGTALK THE RIGHT TO EDIT AND/OR ALTER ANY USER SUBMISSIONS.  TAGTALK RESERVES THE RIGHT TO NOT USE THE USER SUBMISSIONS AT ALL AND/OR TO USE AS MUCH OR AS LITTLE OF THE USER SUBMISSIONS AS IT CHOOSES.  SOME OF THE WEBSITES ARE SUPPORTED BY ADVERTISING REVENUE AND MAY DISPLAY ADVERTISEMENTS AND PROMOTIONS, AND YOU HEREBY AGREE THAT TAGTALK MAY PLACE ANY AND ALL ADVERTISING AND PROMOTIONS ON THE WEBSITES OR ON, ABOUT, AROUND, INCORPORATED INTO, OR IN CONJUNCTION WITH YOUR USER SUBMISSIONS.  THE MANNER, MODE AND EXTENT OF SUCH ADVERTISING AND PROMOTIONS ARE SUBJECT TO CHANGE WITHOUT SPECIFIC NOTICE TO YOU.


    • YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR OWN USER SUBMISSIONS AND THE CONSEQUENCES OF POSTING OR PUBLISHING THEM.  IN CONNECTION WITH USER SUBMISSIONS AND ALL MATERIAL USED, CONTAINED, DISPLAYED, FEATURED, INCORPORATED, OR APPEARING THEREIN OR RELATED THERETO, YOU AFFIRM REPRESENT, AND WARRANT THAT:

      • YOU OWN OR HAVE ALL THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS, INCLUDING WITHOUT LIMITATION, ALL IP RIGHTS, TO USE AND PUBLISH YOUR USER SUBMISSIONS AND TO LICENSE YOUR USER SUBMISSIONS TO TAGTALK;

        YOU HAVE SECURED ALL RIGHTS, LICENSES, AND PERMISSIONS TO USE AND TO LICENSE TO TAGTALK, ANY AND ALL WORKS MATERIAL OWNED BY ANY THIRD PARTY, USED OR APPEARING IN OR IN CONNECTION WITH YOUR USER SUBMISSIONS;

        YOU OWN OR HAVE ALL THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS, INCLUDING WITHOUT LIMITATION, ALL RIGHTS RELATING TO THE NAME, IMAGE, LIKENESS, RIGHT OF PRIVACY, AND RIGHT OF PUBLICITY (WHETHER COMMON LAW OR STATUTORY) OF ANY PERSON APPEARING IN ANY USER SUBMISSION (COLLECTIVELY, “PERSONAL RIGHTS”), TO USE AND PUBLISH YOUR USER SUBMISSIONS AND TO LICENSE YOUR USER SUBMISSIONS TO TAGTALK - AND FURTHER THAT ANY SUCH PERSON IS AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH THAT PERSON RESIDES (WHICHEVER IS GREATER) OR, IF THAT PERSON IS YOUNGER THAN THE GREATER OF 18 YEARS OR THE AGE OF MAJORITY, YOU HAVE RECEIVED SUCH PERMISSION FROM THAT PERSON’S PARENT OR LEGAL GUARDIAN; AND

        YOUR USER SUBMISSION DOES NOT INFRINGE AND WILL NOT INFRINGE ON THE COPYRIGHT, TRADEMARK, TRADE SECRET, RIGHTS OF PRIVACY OR PUBLICITY, OR OTHER INTELLECTUAL PROPERTY OR PERSONAL RIGHTS OF ANY PERSON OR ENTITY.

        IN ADDITION, YOU MAY NOT SUBMIT ANY VIDEO THAT IS UNLAWFUL, HARMFUL, ABUSIVE, OR HARASSING, CONSTITUTES INHERENTLY DANGEROUS ACTIVITIES, OR THREATENS YOUR SAFETY OR THE SAFETY OF ANY OTHER PERSON.  FURTHER, YOU AUTHORIZE AND LICENSE TO TAGTALK, AND ITS PARENTS, SUCCESSORS, AFFILIATED ENTITIES, AGENTS AND ASSIGNS, EMPLOYEES, LICENSEES, AND DESIGNEES TO USE ALL IP RIGHTS AND ALL PERSONAL RIGHTS IN AND TO ANY AND ALL USER SUBMISSIONS TO ENABLE PUBLICATION AND USE OF THE USER SUBMISSIONS IN THE MANNER CONTEMPLATED BY THE WEBSITES AND THESE TERMS.

    • FOR CLARITY, YOU RETAIN ALL OF YOUR OWNERSHIP OR LICENSED RIGHTS IN YOUR USER SUBMISSIONS.  HOWEVER, BY SUBMITTING USER SUBMISSIONS TO TAGTALK, WITHOUT ANY PAYMENT, COMPENSATION, OR CONSIDERATION DUE, PAYABLE, OR ACCRUING TO YOU AT ANY TIME, YOU HEREBY AGREE AS FOLLOWS:

      • YOU GRANT TO TAGTALK, AND ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, LICENSEES, DESIGNEES, ASSIGNS, AND SUCCESSORS, A PERPETUAL, IRREVOCABLE, WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, SUB-LICENSABLE, AND TRANSFERABLE LICENSE TO USE, REPRODUCE, COPY, TRANSMIT, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, CACHE, STORE, SUBLICENSE TO THIRD PARTIES, DISPLAY, EDIT, TELECAST, RERUN, SYNDICATE, PRINT, PERFORM, AND OTHERWISE EXPLOIT THE USER SUBMISSIONS, IN ANY MEDIA FORMATS NOW KNOWN OR HEREAFTER DEVISED AND THROUGH ANY MEDIA CHANNELS, IN CONNECTION WITH: THE WEBSITES; ANY PRODUCTS OR SERVICES OFFERED BY TAGTALK OR ITS LICENSEES; ANY COMMERCIAL OR NON-COMMERCIAL PURPOSES; AND IN ANY OTHER MANNER RELATING TO TAGTALK’S BUSINESS, INCLUDING WITHOUT LIMITATION, FOR ADVERTISING, MARKETING, PROMOTING, AND REDISTRIBUTING ALL OR A PORTION THEREOF;

        YOU GRANT EACH USER OF THE WEBSITES A NON-EXCLUSIVE LICENSE TO ACCESS YOUR USER SUBMISSIONS THROUGH THE WEBSITES, AND TO USE, COPY, REPRODUCE, DISTRIBUTE, DISPLAY AND PERFORM SUCH USER SUBMISSIONS AS PERMITTED THROUGH THE FUNCTIONALITY OF THE WEBSITES AND UNDER THESE TERMS;

        YOU WAIVE ANY CLAIMS YOU MAY HAVE BASED ON ANY USAGE OF USER SUBMISSIONS OR THE WORKS DERIVED THEREFROM INCLUDING BUT NOT LIMITED TO CLAIMS FOR INFRINGEMENT, INVASION, MISAPPROPRIATION, OR VIOLATION OF IP RIGHTS OR PERSONAL RIGHTS;

        YOU GRANT TAGTALK, AND ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, LICENSEES, DESIGNEES, ASSIGNS, AND SUCCESSORS, A PERPETUAL, IRREVOCABLE, WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, SUB-LICENSABLE, AND TRANSFERABLE LICENSE THE RIGHT TO USE THE NAME THAT YOU SUBMIT IN CONNECTION WITH SUCH USER SUBMISSIONS IF THEY CHOOSE.  YOU UNDERSTAND AND AGREE, HOWEVER, THAT TAGTALK MAY RETAIN, BUT NOT DISPLAY, DISTRIBUTE, OR PERFORM, SERVER COPIES OF YOUR USER SUBMISSIONS THAT HAVE BEEN REMOVED OR DELETED.

        THE ABOVE LICENSES GRANTED BY YOU TERMINATE WITHIN A REASONABLE TIME AFTER YOUR USER SUBMISSIONS IS REMOVED OR DELETED FROM THE WEBSITES, IF SO REMOVED OR DELETED SITES.

        SOME OF THE SERVICES ARE SUPPORTED BY ADVERTISING REVENUE AND MAY DISPLAY ADVERTISEMENTS AND PROMOTIONS. THESE ADVERTISEMENTS MAY BE TARGETED TO THE CONTENT OF INFORMATION STORED ON THE SERVICES, QUERIES MADE THROUGH THE SERVICES OR OTHER INFORMATION. THE MANNER, MODE AND EXTENT OF ADVERTISING BY TAGTALK ON THE SERVICES ARE SUBJECT TO CHANGE WITHOUT SPECIFIC NOTICE TO YOU. IN CONSIDERATION FOR TAGTALK GRANTING YOU ACCESS TO AND USE OF THE SERVICES, YOU AGREE THAT TAGTALK MAY PLACE SUCH ADVERTISING ON THE SERVICES.

        PART OF THE SITE MAY CONTAIN ADVERTISING INFORMATION OR PROMOTIONAL MATERIAL OR OTHER MATERIAL SUBMITTED TO TAGTALK BY THIRD PARTIES OR USERS. RESPONSIBILITY FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION ON THE TAGTALK PLATFORM OR MOBILE APPS COMPLIES WITH APPLICABLE INTERNATIONAL AND NATIONAL LAW IS EXCLUSIVELY ON THE PARTY PROVIDING THE INFORMATION/MATERIAL. YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS OTHER THAN TAGTALK FOUND ON OR THROUGH THE TAGTALK PLATFORM AND OR MOBILE APPS, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, SHALL BE SOLELY BETWEEN YOU AND SUCH ADVERTISER. TAGTALK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR OR OMISSION, INACCURACY IN ADVERTISING MATERIAL OR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF THE PRESENCE OF SUCH OTHER ADVERTISER(S) ON THE TAGTALK PLATFORM AND MOBILE APPLICATION.


    • USER SUBMISSION CONTENT RESTRICTIONS.  YOU AGREE NOT TO POST, EMAIL, OR OTHERWISE MAKE AVAILABLE ANY USER SUBMISSIONS THAT:

      • ARE UNLAWFUL, HARMFUL, PORNOGRAPHIC, OBSCENE, THREATENING, ABUSIVE, HARASSING, DEFAMATORY, LIBELOUS, INVASIVE OF ANOTHER’S PRIVACY, OR IS HARMFUL TO MINORS IN ANY WAY;

        HARASS, DEGRADE, INTIMIDATE OR ARE HATEFUL TOWARD AN INDIVIDUAL OR GROUP OF INDIVIDUALS ON THE BASIS OF RELIGION, GENDER, SEXUAL ORIENTATION, RACE, ETHNICITY, AGE, OR DISABILITY;

        IMPERSONATE ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, A TAGTALK EMPLOYEE, OR FALSELY STATE OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH A PERSON OR ENTITY;

        INCLUDE PERSONAL OR IDENTIFYING INFORMATION ABOUT ANOTHER PERSON WITHOUT THAT PERSON’S EXPLICIT CONSENT;

        ARE FALSE, DECEPTIVE, MISLEADING, DECEITFUL, OR MISINFORMATIVE;

        INFRINGE ON OR VIOLATE ANY IP RIGHTS, PERSONAL RIGHTS, OR OTHER PROPRIETARY RIGHTS OF ANY PARTY;

        YOU DO NOT HAVE A RIGHT TO MAKE AVAILABLE UNDER ANY LAW, OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS;

        CONSTITUTE OR CONTAIN ANY FORM OF ADVERTISING OR SOLICITATION, “AFFILIATE MARKETING,” “LINK REFERRAL CODE,” “JUNK MAIL,” “SPAM,” “CHAIN LETTERS,” “PYRAMID SCHEMES,” OR UNSOLICITED COMMERCIAL ADVERTISEMENT;

        CONTAIN SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF THE WEBSITES OR ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT;

        DISRUPT THE NORMAL FLOW OF DIALOGUE WITH AN EXCESSIVE AMOUNT OF USER SUBMISSIONS (FLOODING ATTACK) TO THE WEBSITES, OR THAT OTHERWISE NEGATIVELY AFFECTS OTHER USERS’ ABILITY TO USE THE WEBSITES;

        EMPLOY MISLEADING EMAIL ADDRESSES, OR FORGED HEADERS OR OTHERWISE MANIPULATED IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF USER SUBMISSIONS TRANSMITTED THROUGH THE WEBSITES; OR

        VIOLATE ANY APPLICABLE CIVIL OR CRIMINAL LAWS OR REGULATIONS, OR PROMOTE ANY ILLEGAL ACTIVITY.


    • NO VIOLATION OF THIRD PARTY RIGHTS.  IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT ANY USER SUBMISSION THAT IS SUBJECT TO A THIRD PARTY’S COPYRIGHT, PROTECTED BY THIRD PARTY’S TRADE SECRET OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING IP RIGHTS AND PERSONAL RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT TAGTALK, ALL OF THE LICENSES GRANTED HEREIN.

      TAGTALK DATA PRACTICES.  YOU ACKNOWLEDGE THAT TAGTALK MAY ESTABLISH GENERAL PRACTICES AND LIMITS CONCERNING USE OF THE WEBSITES, INCLUDING WITHOUT LIMITATION THE MAXIMUM PERIOD OF TIME THAT USER SUBMISSIONS OR OTHER DATA OR MATERIALS WILL BE RETAINED BY THE WEBSITES AND THE MAXIMUM STORAGE SPACE THAT WILL BE ALLOTTED ON TAGTALK SERVERS ON YOUR BEHALF.  YOU AGREE THAT TAGTALK HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY USER SUBMISSIONS OR OTHER DATA OR MATERIALS MAINTAINED OR TRANSMITTED BY THE WEBSITES.  YOU ACKNOWLEDGE THAT TAGTALK RESERVES THE RIGHT TO TERMINATE ACCOUNTS THAT ARE INACTIVE FOR AN EXTENDED PERIOD OF TIME.  ALSO, TAGTALK RESERVES THE RIGHT TO DELETE ANY USER SUBMISSIONS FOR ANY REASON, WITHOUT PRIOR NOTICE, INCLUDING, WITHOUT LIMITATION, TO PROVIDE ADDITIONAL CAPACITY ON THE WEBSITES.  DELETED USER SUBMISSIONS MAY BE STORED BY TAGTALK IN ORDER TO COMPLY WITH CERTAIN LEGAL OBLIGATIONS AND ARE NOT RETRIEVABLE WITHOUT A VALID COURT ORDER.  CONSEQUENTLY, TAGTALK ENCOURAGES YOU TO MAINTAIN YOUR OWN BACKUP OF YOUR USER SUBMISSIONS.

      TAGTALK MODIFICATION OF REMOVAL OF USER SUBMISSIONS.  TAGTALK DOES NOT CONTROL THE USER SUBMISSIONS POSTED BY USERS OR OTHERWISE MADE AVAILABLE BY OTHER PERSONS AND DOES NOT HAVE ANY OBLIGATION TO MONITOR SUCH USER SUBMISSIONS FOR ANY PURPOSE.  IF AT ANY TIME, TAGTALK CHOOSES, IN ITS SOLE DISCRETION, TO MONITOR THE USER SUBMISSIONS, TAGTALK NONETHELESS ASSUMES NO RESPONSIBILITY FOR THE USER SUBMISSIONS, NO OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE USER SUBMISSIONS, AND NO RESPONSIBILITY FOR THE CONDUCT OF THE USER SUBMITTING ANY SUCH USER SUBMISSIONS.  TAGTALK, DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND TAGTALK, EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.  TAGTALK DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES ON ITS WEBSITES, AND TAGTALK WILL REMOVE ALL CONTENT AND USER SUBMISSIONS IF PROPERLY NOTIFIED THAT SUCH CONTENT OR USER SUBMISSION INFRINGES ON ANOTHER’S COPYRIGHT PURSUANT TO TAGTALK COPYRIGHT POLICY SEE THE COPYRIGHT POLICY (LINK ABOVE).  TAGTALK, RESERVES THE RIGHT TO REMOVE CONTENT AND USER SUBMISSIONS WITHOUT PRIOR NOTICE.

  • RIGHTS TAGTALK GRANTS YOU.

    • TAGTALK GRANTS YOU A PERSONAL, WORLDWIDE, ROYALTY-FREE, NON-ASSIGNABLE, NONEXCLUSIVE, REVOCABLE, AND NON-SUBLICENSABLE LICENSE TO ACCESS AND USE THE END USER TAGTALK USER APP SERVICES. THIS LICENSE IS FOR THE SOLE PURPOSE OF LETTING YOU USE AND ENJOY THE SERVICES’ BENEFITS AS INTENDED BY TAGTALK AND PERMITTED BY THIS AGREEMENT. THEREFORE, YOU AGREE NOT TO:

      • USE THE SERVICE OR ANY CONTENT CONTAINED IN THE SERVICE FOR ANY COMMERCIAL PURPOSES WITHOUT OUR WRITTEN CONSENT.

        COPY, MODIFY, TRANSMIT, CREATE ANY DERIVATIVE WORKS FROM, MAKE USE OF, OR REPRODUCE IN ANY WAY ANY COPYRIGHTED MATERIAL, IMAGES, TRADEMARKS, TRADE NAMES, SERVICE MARKS, OR OTHER INTELLECTUAL PROPERTY, CONTENT OR PROPRIETARY INFORMATION ACCESSIBLE THROUGH THE SERVICE WITHOUT TAGTALK’S PRIOR WRITTEN CONSENT.

        EXPRESS OR IMPLY THAT ANY STATEMENTS YOU MAKE ARE ENDORSED BY TAGTALK.

        USE ANY ROBOT, BOT, SPIDER, CRAWLER, SCRAPER, SITE SEARCH/RETRIEVAL APPLICATION, PROXY OR OTHER MANUAL OR AUTOMATIC DEVICE, METHOD OR PROCESS TO ACCESS, RETRIEVE, INDEX, “DATA MINE,” "OFFLINE READERS," ETC. OR "LOAD TESTERS" SUCH AS WGET, APACHE BENCH, MSWEBSTRESS, HTTPLOAD, BLITZ, XCODE AUTOMATOR, ANDROID MONKEY, ETC. OR IN ANY WAY REPRODUCE OR CIRCUMVENT THE NAVIGATIONAL STRUCTURE OR PRESENTATION OF THE SERVICE OR ITS CONTENTS.

        USE THE SERVICES IN ANY WAY THAT COULD INTERFERE WITH, DISRUPT OR NEGATIVELY AFFECT THE SERVICE OR THE SERVERS OR NETWORKS CONNECTED TO THE SERVICE.

        UPLOAD VIRUSES OR OTHER MALICIOUS CODE OR OTHERWISE COMPROMISE THE SECURITY OF THE SERVICES.

        FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY INFORMATION TRANSMITTED TO OR THROUGH THE SERVICE.

        “FRAME” OR “MIRROR” ANY PART OF THE SERVICE WITHOUT TAGTALK’S PRIOR WRITTEN AUTHORIZATION.

        USE META TAGS OR CODE OR OTHER DEVICES CONTAINING ANY REFERENCE TO TAGTALK OR THE SERVICE (OR ANY TRADEMARK, TRADE NAME, SERVICE MARK, LOGO OR SLOGAN OF TAGTALK) TO DIRECT ANY PERSON TO ANY OTHER WEBSITE FOR ANY PURPOSE.

        MODIFY, ADAPT, SUBLICENSE, TRANSLATE, SELL, REVERSE ENGINEER, DECIPHER, DECOMPILE OR OTHERWISE DISASSEMBLE ANY PORTION OF THE SERVICE, OR CAUSE OTHERS TO DO SO.

        USE OR DEVELOP ANY THIRD-PARTY APPLICATIONS THAT INTERACT WITH THE SERVICES OR OTHER USERS’ CONTENT OR INFORMATION WITHOUT OUR WRITTEN CONSENT.

        USE, ACCESS, OR PUBLISH THE TAGTALK APPLICATION PROGRAMMING INTERFACE WITHOUT OUR WRITTEN CONSENT.

        PROBE, SCAN OR TEST THE VULNERABILITY OF OUR SERVICES OR ANY SYSTEM OR NETWORK.

        ENCOURAGE OR PROMOTE ANY ACTIVITY THAT VIOLATES THIS AGREEMENT.

    • THE COMPANY MAY INVESTIGATE AND TAKE ANY AVAILABLE LEGAL ACTION IN RESPONSE TO ILLEGAL AND/ OR UNAUTHORIZED USES OF THE SERVICE, INCLUDING TERMINATION OF YOUR ACCOUNT.

      ANY SOFTWARE THAT WE PROVIDE YOU MAY AUTOMATICALLY DOWNLOAD AND INSTALL UPGRADES, UPDATES, OR OTHER NEW FEATURES. YOU MAY BE ABLE TO ADJUST THESE AUTOMATIC DOWNLOADS THROUGH YOUR DEVICE’S SETTINGS.

  • RIGHTS YOU GRANT TAGTALK.

    • BY CREATING AN ACCOUNT, YOU GRANT TO TAGTALK A WORLDWIDE, TRANSFERABLE, SUB-LICENSABLE, ROYALTY-FREE, RIGHT AND LICENSE TO HOST, STORE, USE, COPY, DISPLAY, REPRODUCE, ADAPT, EDIT, PUBLISH, MODIFY AND DISTRIBUTE INFORMATION YOU AUTHORIZE US TO ACCESS FROM FACEBOOK, AS WELL AS ANY INFORMATION YOU POST, UPLOAD, DISPLAY OR OTHERWISE MAKE AVAILABLE (COLLECTIVELY, “POST”) ON THE SERVICE OR TRANSMIT TO OTHER USERS (COLLECTIVELY, “CONTENT”). OUR LICENSE TO YOUR CONTENT IS SUBJECT TO YOUR RIGHTS UNDER APPLICABLE LAW (FOR EXAMPLE LAWS REGARDING PERSONAL DATA PROTECTION TO THE EXTENT ANY CONTENT CONTAINS PERSONAL INFORMATION AS DEFINED BY THOSE LAWS) AND IS FOR THE LIMITED PURPOSE OF OPERATING, DEVELOPING, PROVIDING, AND IMPROVING THE SERVICE AND RESEARCHING AND DEVELOPING NEW ONES. YOU AGREE THAT ANY CONTENT YOU PLACE OR THAT YOU AUTHORIZE US TO PLACE ON THE SERVICE MAY BE VIEWED BY OTHER USERS AND MAY BE VIEWED BY ANY PERSON VISITING OR PARTICIPATING IN THE SERVICE (SUCH AS INDIVIDUALS WHO MAY RECEIVE SHARED CONTENT FROM OTHER TAGTALK USERS).

      YOU AGREE THAT ALL INFORMATION THAT YOU SUBMIT UPON CREATION OF YOUR ACCOUNT, INCLUDING INFORMATION SUBMITTED FROM YOUR FACEBOOK ACCOUNT, IS ACCURATE AND TRUTHFUL AND YOU HAVE THE RIGHT TO POST THE CONTENT ON THE SERVICE AND GRANT THE LICENSE TO TAGTALK ABOVE.

      YOU UNDERSTAND AND AGREE THAT WE MAY MONITOR OR REVIEW ANY CONTENT YOU POST AS PART OF A SERVICE. WE MAY DELETE ANY CONTENT, IN WHOLE OR IN PART, THAT IN OUR SOLE JUDGMENT VIOLATES THIS AGREEMENT OR MAY HARM THE REPUTATION OF THE SERVICE.

      WHEN COMMUNICATING WITH OUR CUSTOMER CARE REPRESENTATIVES, YOU AGREE TO BE RESPECTFUL AND KIND. IF WE FEEL THAT YOUR BEHAVIOR TOWARDS ANY OF OUR CUSTOMER CARE REPRESENTATIVES OR OTHER EMPLOYEES IS AT ANY TIME THREATENING OR OFFENSIVE, WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT.

      IN CONSIDERATION FOR TAGTALK ALLOWING YOU TO USE THE SERVICES, YOU AGREE THAT WE, OUR AFFILIATES, AND OUR THIRD-PARTY PARTNERS MAY PLACE ADVERTISING ON THE SERVICES. BY SUBMITTING SUGGESTIONS OR FEEDBACK TO TAGTALK REGARDING OUR SERVICES, YOU AGREE THAT TAGTALK MAY USE AND SHARE SUCH FEEDBACK FOR ANY PURPOSE WITHOUT COMPENSATING YOU.

      YOU AGREE THAT TAGTALK MAY ACCESS, PRESERVE AND DISCLOSE YOUR ACCOUNT INFORMATION AND CONTENT IF REQUIRED TO DO SO BY LAW OR IN A GOOD FAITH BELIEF THAT SUCH ACCESS, PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY, SUCH AS TO: (I) COMPLY WITH LEGAL PROCESS; (II) ENFORCE THIS AGREEMENT; (III) RESPOND TO CLAIMS THAT ANY CONTENT VIOLATES THE RIGHTS OF THIRD PARTIES; (IV) RESPOND TO YOUR REQUESTS FOR CUSTOMER SERVICE; OR (V) PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF THE COMPANY OR ANY OTHER PERSON.

  • PERKS AND REWARDS CONDITIONS

    • TAGTALK GRANTS PERMISSION TO OUTLET OWNERS AND MERCHANTS TO ENABLE, DISABLE AND CONFIGURE THE PERKS AND REWARDS ON ALL THE CALL TO ACTIONS

      MERCHANT CAN CONFIGURE OR RECONFIGURE OR CHANGE THEIR TERMS AND CONDITIONS OF THE PERKS AND REWARDS AT ANY TIME WITHOUT ANY PRIOR NOTICE

      ONCE PERKS OR REWARD ISSUED CAN BE REVOKED AT ANY GIVEN TIME WITHOUT ANY PRIOR NOTICE

      PERKS AND REWARDS ARE NON-SALEABLE AND NON-TRANSFERABLE

      REDEMPTION OF PERKS AND REWARDS SUBJECT TO AVAILABILITY OF THE OFFER

      TO REDEEM OR NOT TO; SOLE RIGHTS REMAINS WITH OUTLET OWNER OR MERCHANT AND BRANDS WHO ARE THE STAKEHOLDERS OF THE PERK AND TAGTALK DOES NOT TAKE ANY LIABILITY OR RESPONSIBILITY FOR OF THE SAME.

      TAGTALK IS NOT RESPONSIBLE FOR ANY CONFLICT BETWEEN OUTLET AND END USER RAISED OVER REDEMPTION OF PERKS OR REWARDS.

  • DEALINGS WITH ORGANISATIONS AND INDIVIDUALS:

    • SUBSCRIBER ACKNOWLEDGE AND AGREE THAT THE APP OR WEBSITE SHALL NOT BE LIABLE FOR ITS INTERACTIONS WITH ANY SERVICE PROVIDERS ON THE APP OR WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, PAYMENT AND DELIVERY OF GOODS AND SERVICES, INCLUDING PRODUCT AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH ANY INTERACTION IT MAY HAVE WITH OTHER SERVICE PROVIDERS. THESE DEALINGS ARE SOLELY BETWEEN THE SUBSCRIBER AND THE RESPECTIVE SERVICE PROVIDER. SUBSCRIBER AGREES AND ACKNOWLEDGES THAT INNOVEK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR INTERACTIONS. IF THERE IS A DISPUTE BETWEEN SERVICE PROVIDERS AND THE SUBSCRIBER OR ANY THIRD PARTY, SUBSCRIBER UNDERSTAND AND AGREE THAT INNOVEK IS UNDER NO OBLIGATION TO BECOME INVOLVED IN SUCH DISPUTE. IN THE EVENT THAT SUBSCRIBER HAS A DISPUTE WITH ONE OR MORE OTHER SERVICE PROVIDERS, IT HEREBY RELEASES INNOVEK, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR APP OR WEBSITE.

  • ANTI-SPAM POLICY

    • YOU CERTIFY THAT YOU WILL USE AND ACCESS THE APP OR WEBSITE IN ACCORDANCE WITH THESE TERMS OF USE. YOU ARE FORBIDDEN TO TRANSMIT UNSOLICITED COMMERCIAL EMAIL (SPAM), IN APP MESSAGES OR SOCIAL MEDIA MESSAGES BY USING AND ACCESSING THE APP OR WEBSITE. ADDITIONALLY, YOU ARE REQUIRED TO RECONFIRM (PERMISSION PASS) OR STOP MAILING AN EXISTING LIST WHEN IT IS DETERMINED TO BE IN VIOLATION OF OUR ANTI-SPAM POLICY. REPEATED VIOLATIONS OR FAILURES TO COMPLY WITH THIS ANTI-SPAM POLICY WILL RESULT IN TERMINATION OF YOUR ACCESS TO THE APP OR WEBSITE. YOU AGREE AND ACKNOWLEDGE THAT, WE SHALL NOT BE HELD LIABLE FOR ANY CLAIM THAT MAY ARISE DUE TO YOUR VIOLATION OF THIS ANTI-SPAM POLICY.

  • BEACON DEVICE

    • IBEACON IS APPLE’S TECHNOLOGY STANDARD WHICH ALLOWS BLUETOOTH DEVICES TO BROADCAST OR RECEIVE TINY AND STATIC PIECES OF DATA WITHIN SHORT DISTANCES. 

      EDDYSTONE IS A BLUETOOTH LOW ENERGY BEACON PROFILE RELEASED BY GOOGLE IN JULY 2015. THE APACHE 2.0-LICENSED, CROSS-PLATFORM, AND VERSIONED PROFILE CONTAINS SEVERAL FRAME TYPES, INCLUDING EDDYSTONE-UID, EDDYSTONE-URL, AND EDDYSTONE-TLM. EDDYSTONE-URL IS USED BY THE PHYSICAL WEB PROJECT, WHEREAS EDDYSTONE-UID IS TYPICALLY USED BY NATIVE APPS ON A USER'S DEVICE, INCLUDING TAGTALK'S FIRST PARTY APPS SUCH AS TAGTALK MAPS.

      WE USE BEACON DEVICES TO PROVIDE AFORESAID SERVICES. USER (EITHER RESTAURANT OWNER OR CUSTOMERS IN RESTAURANT OR MERCHANTS OR END CUSTOMER) AGREES AND ACKNOWLEDGES FOR NOT MAKING ANY DAMAGES TO THE SAID DEVICE. IN CASE USER IS FOUND RESPONSIBLE FOR DAMAGES TO THE SAID DEVICE THEN TAGTALK SHALL IMPOSE PENALTY OF RS.10000/- (RUPEES TEN THOUSANDS ONLY) TO THAT OWNER/ADMIN OF THE VENUE SO AS TO RECOVER THE COST OF SAID DEVICE. YOU AGREE AND ACKNOWLEDGE TO PAY THE SAID AMOUNT TO THE COMPANY OTHERWISE AS A LAST RESORT COMPANY MAY TAKE APPROPRIATE LEGAL ACTIONS.

      MERCHANTS SHALL TAKE NECESSARY ACTIONS TO PROTECT THE BEACON DEVICES FROM CAUSING ANY DAMAGE OR TAMPERING OF THE DEVICE OR ANY LOSS OF THE DEVICE.

      MERCHANTS SHALL RETURN ALL THE INSTALLED BEACON DEVICES TO TAGTALK AT THE TERMINATION OF THE CONTRACT OR ELSE PAY A PENALTY OF RS.10000/- PER BEACON DEVICE.

  • TAGTALK DEVICE (“TAGBOX,” “SET TOP BOX”, “HARDWARE”)

    • TAGTALK SHALL PROVIDE YOU WITH A DEVICE TO CONNECT TO TAGTALK SERVICES. THIS DEVICE COULD BE CUSTOM MADE DEVICE WITH ITS PROPRIETARY DESIGN OR OUTSOURCED FROM DIFFERENT VENDORS.

      WE USE DEVICES TO PROVIDE AFORESAID SERVICES. USER (EITHER RESTAURANT OWNER OR CUSTOMERS IN RESTAURANT OR VENUE MERCHANTS OR END CUSTOMER) AGREES AND ACKNOWLEDGES FOR NOT MAKING ANY DAMAGES TO THE SAID DEVICE. IN CASE USER IS FOUND RESPONSIBLE FOR DAMAGES TO THE SAID DEVICE THEN TAGTALK SHALL IMPOSE PENALTY OF RS.10000/- (RUPEES TEN THOUSANDS ONLY) TO THAT OWNER/ADMIN OF THE VENUE SO AS TO RECOVER THE COST OF SAID DEVICE. YOU AGREE AND ACKNOWLEDGE TO PAY THE SAID AMOUNT TO THE COMPANY OTHERWISE AS A LAST RESORT COMPANY MAY TAKE APPROPRIATE LEGAL ACTIONS.

      MERCHANTS SHALL TAKE NECESSARY ACTIONS TO PROTECT THE DEVICES FROM CAUSING ANY DAMAGE OR TAMPERING OF THE DEVICE OR ANY LOSS OF THE DEVICE.

      MERCHANTS SHALL RETURN ALL THE INSTALLED DEVICES TO TAGTALK AT THE TERMINATION OF THE CONTRACT OR ELSE PAY A PENALTY OF RS.10000/- (RUPEES TEN THOUSAND ONLY) PER DEVICE.

      MERCHANT WILL BE RATED WITH A UNIQUE FORMULA USED BY TAGTALK, THE FORMULA OF RATING WILL BE TECHNICALLY SAME FOR ALL THE VENUE ACROSS THE TAGTALK DEPENDING ON THEIR SIGN-UP CATEGORY

      ASSIGNING THE RATING, TRP, CATEGORY, VIEWERSHIP OR ASSIGNING THE TAGTRADE SLOT WILL BE DONE BY TAGTALK WITH ITS SOLE DISCRETION.

  • TAGTRADE

    • TAGTRADE IS THE PLATFORM WHICH PROVIDES TRADE BETWEEN ADVERTISERS OR COMPANIES OR PRODUCTS OR SERVICES, WHO ARE WILLING TO PLACE THEIR ADVERTS IN FORM OF ANY MEDIA AT THE MERCHANT VENUE OR YOUR OUTLET VIA TAGTALK.

      TAGTRADE ADVERTS PRICES ARE NEGOTIATED WITH THE ADVERTISERS BY TAGTALK AT BEST EFFORT BASIS

      TAGTRADE OR ADVERTS ARE SELECTED BY OUTLET OR VENUE OR BY YOU TO DISPLAY OR NOT AT OUTLET ADMIN’S DISCRETION. BUT, FINAL AUTHORITY OR DISCRETION RIGHTS REMAINS WITH TAGTALK.

      TAGTALK CAN ANYTIME ALTER OR REMOVE THE ADVERTS WITHOUT ANY PRIOR NOTICE AT ITS SOLE DISCRETION.

      TAGTALK MAY CHARGE AN EXTRA CONVENIENCE FEE FOR THE SAID SERVICES.

      UNDER ANY CIRCUMSTANCES, TAGTALK OR TAGTALK DIRECTORS OR TAGTALK EMPLOYEES WILL NOT BE LIABLE FOR ANY CONTENT OR HARM OF BRAND.

      UNDER ANY CIRCUMSTANCES, TAGTALK OR TAGTALK DIRECTORS OR TAGTALK EMPLOYEES WILL NOT BE LIABLE TO PAY ANY SUM OF MONEY AGAINST THESE ADVERTS.

      TAGTRADE IS JUST A PLATFORM WHICH WILL BRING THE ADVERTISERS AND YOU ON THE MUTUAL CONSENT TO DISPLAY ANY ADVERTISEMENTS AT YOUR VENUE FOR WHICH TAGTALK TAKES NO RESPONSIBILITY OF THE CONTENT OR MONETARY BENEFIT DIRECTLY OR INDIRECTLY.

      TAGTALK DO NOT SUPPORT OR ENCOURAGE ANY BRANDS OR COMPANIES OR ADVERTISERS FOR THE CONTENT SHOWN IN THE ADVERTISEMENT

      BRANDS AND OUTLETS SHOULD HAVE NECESSARY LICENSES TO DISPLAY THE ADVERTS SHOWN ON TAGTALK PLATFORM, FOR WHICH TAGTALK IS NOT LIABLE.

  • ADWORDS POLICIES

    • ADWORDS REFERS TO ALL THE TAGWORD, TAGVERTS, ADVERTISEMENTS AND MARKETING CONTAIN REFERRED IN THIS AGREEMENT.

      COUNTERFEIT PRODUCTS:TAGTALK ADWORDS PROHIBITS THE SALE OR PROMOTION FOR SALE OF COUNTERFEIT GOODS. COUNTERFEIT GOODS CONTAIN A TRADEMARK OR LOGO THAT IS IDENTICAL TO OR SUBSTANTIALLY INDISTINGUISHABLE FROM THE TRADEMARK OF ANOTHER. THEY MIMIC THE BRAND FEATURES OF THE PRODUCT IN AN ATTEMPT TO PASS THEMSELVES OFF AS A GENUINE PRODUCT OF THE BRAND OWNER.

      DANGEROUS PRODUCTS OR SERVICES: WE WANT TO HELP KEEP PEOPLE SAFE BOTH ONLINE AND OFFLINE, SO WE DON'T ALLOW THE PROMOTION OF SOME PRODUCTS OR SERVICES THAT CAUSE DAMAGE, HARM, OR INJURY.

      • EXAMPLES OF DANGEROUS CONTENT: RECREATIONAL DRUGS (CHEMICAL OR HERBAL); PSYCHOACTIVE SUBSTANCES; EQUIPMENT TO FACILITATE DRUG USE; WEAPONS, AMMUNITION, EXPLOSIVE MATERIALS AND FIREWORKS; INSTRUCTIONS FOR MAKING EXPLOSIVES OR OTHER HARMFUL PRODUCTS; TOBACCO PRODUCTS


    • ENABLING DISHONEST BEHAVIOUR: WE VALUE HONESTY AND FAIRNESS, SO WE DON'T ALLOW THE PROMOTION OF PRODUCTS OR SERVICES THAT ARE DESIGNED TO ENABLE DISHONEST BEHAVIOR.

      • EXAMPLES OF PRODUCTS OR SERVICES THAT ENABLE DISHONEST BEHAVIOR: HACKING SOFTWARE OR INSTRUCTIONS; SERVICES DESIGNED TO ARTIFICIALLY INFLATE AD OR WEBSITE TRAFFIC; FAKE DOCUMENTS; ACADEMIC CHEATING SERVICES


    • INAPPROPRIATE CONTENT: WE VALUE DIVERSITY AND RESPECT FOR OTHERS, AND WE STRIVE TO AVOID OFFENDING USERS, SO WE DON’T ALLOW ADS OR DESTINATIONS THAT DISPLAY SHOCKING CONTENT OR PROMOTE HATRED, INTOLERANCE, DISCRIMINATION, OR VIOLENCE.

      • EXAMPLES OF INAPPROPRIATE OR OFFENSIVE CONTENT: BULLYING OR INTIMIDATION OF AN INDIVIDUAL OR GROUP, RACIAL DISCRIMINATION, HATE GROUP PARAPHERNALIA, GRAPHIC CRIME SCENE OR ACCIDENT IMAGES, CRUELTY TO ANIMALS, MURDER, SELF-HARM, EXTORTION OR BLACKMAIL, SALE OR TRADE OF ENDANGERED SPECIES, ADS USING PROFANE LANGUAGE


    • PROHIBITED PRACTICES AND ABUSING THE AD NETWORK: WE WANT ADS ACROSS THE TAGTALK NETWORK TO BE USEFUL, VARIED, RELEVANT, AND SAFE FOR USERS. WE DON’T ALLOW ADS, CONTENT, OR DESTINATIONS THAT ARE MALICIOUS OR ATTEMPT TO TRICK OR CIRCUMVENT OUR AD REVIEW PROCESSES. WE TAKE THIS ISSUE VERY SERIOUSLY, SO PLAY FAIR.

      • EXAMPLES OF ABUSE OF THE AD NETWORK: PROMOTING CONTENT THAT CONTAINS MALWARE; "CLOAKING" OR USING OTHER TECHNIQUES TO HIDE THE TRUE DESTINATION THAT USERS ARE DIRECTED TO; "ARBITRAGE" OR PROMOTING DESTINATIONS FOR THE SOLE OR PRIMARY PURPOSE OF SHOWING ADS; PROMOTING "BRIDGE" OR "GATEWAY" DESTINATIONS THAT ARE SOLELY DESIGNED TO SEND USERS ELSEWHERE; ADVERTISING WITH THE SOLE OR PRIMARY INTENT OF GAINING PUBLIC SOCIAL NETWORK ENDORSEMENTS FROM THE USER; "GAMING" OR MANIPULATING SETTINGS IN AN ATTEMPT TO CIRCUMVENT OUR POLICY REVIEW SYSTEMS


    • DATA COLLECTION AND USE: WE WANT USERS TO TRUST THAT INFORMATION ABOUT THEM WILL BE RESPECTED AND HANDLED WITH APPROPRIATE CARE. AS SUCH, OUR ADVERTISING PARTNERS SHOULD NOT MISUSE THIS INFORMATION, NOR COLLECT IT FOR UNCLEAR PURPOSES OR WITHOUT APPROPRIATE SECURITY MEASURES.

      • EXAMPLES OF USER INFORMATION THAT SHOULD BE HANDLED WITH CARE: FULL NAME; EMAIL ADDRESS; MAILING ADDRESS; PHONE NUMBER; NATIONAL IDENTITY, PENSION, SOCIAL SECURITY, TAX ID, HEALTH CARE, OR DRIVER'S LICENSE NUMBER; BIRTH DATE OR MOTHER'S MAIDEN NAME IN ADDITION TO ANY OF THE ABOVE INFORMATION; FINANCIAL STATUS; POLITICAL AFFILIATION; SEXUAL ORIENTATION; RACE OR ETHNICITY; RELIGION

        EXAMPLES OF IRRESPONSIBLE DATA COLLECTION & USE: OBTAINING CREDIT CARD INFORMATION OVER A NON-SECURE SERVER, PROMOTIONS THAT CLAIM TO KNOW A USER'S SEXUAL ORIENTATION OR FINANCIAL STATUS, VIOLATIONS OF OUR POLICIES THAT APPLY TO INTEREST-BASED ADVERTISING AND REMARKETING


    • MISREPRESENTATION: WE DON'T WANT USERS TO FEEL MISLED BY ADS THAT WE DELIVER, SO WE STRIVE TO BE CLEAR AND HONEST, AND PROVIDE THE INFORMATION THAT USERS NEED TO MAKE INFORMED DECISIONS. WE DON’T ALLOW ADS OR DESTINATIONS THAT INTEND TO DECEIVE USERS BY EXCLUDING RELEVANT INFORMATION OR GIVING MISLEADING INFORMATION ABOUT PRODUCTS, SERVICES, OR BUSINESSES.



      • EXAMPLES OF MISREPRESENTATION: OMITTING OR OBSCURING BILLING DETAILS SUCH AS HOW, WHAT, AND WHEN USERS WILL BE CHARGED; OMITTING OR OBSCURING CHARGES ASSOCIATED WITH FINANCIAL SERVICES SUCH AS INTEREST RATES, FEES, AND PENALTIES; FAILING TO DISPLAY TAX OR LICENCE NUMBERS, CONTACT INFORMATION, OR PHYSICAL ADDRESS WHERE RELEVANT; MAKING OFFERS THAT AREN'T ACTUALLY AVAILABLE; MAKING MISLEADING OR UNREALISTIC CLAIMS REGARDING WEIGHT LOSS OR FINANCIAL GAIN; COLLECTING DONATIONS UNDER FALSE PRETENSES; "PHISHING" OR FALSELY PURPORTING TO BE A REPUTABLE COMPANY IN ORDER TO GET USERS TO PART WITH VALUABLE PERSONAL OR FINANCIAL INFORMATION


    • RESTRICTED CONTENT: THE POLICIES BELOW COVER CONTENT THAT IS SOMETIMES LEGALLY OR CULTURALLY SENSITIVE. ONLINE ADVERTISING CAN BE A POWERFUL WAY TO REACH CUSTOMERS, BUT IN SENSITIVE AREAS, WE ALSO WORK HARD TO AVOID SHOWING THESE ADS WHEN AND WHERE THEY MIGHT BE INAPPROPRIATE. FOR THAT REASON, WE ALLOW THE PROMOTION OF THE CONTENT BELOW, BUT ON A LIMITED BASIS. THESE PROMOTIONS MAY NOT SHOW TO EVERY USER IN EVERY LOCATION, AND ADVERTISERS MAY NEED TO MEET ADDITIONAL REQUIREMENTS BEFORE THEIR ADS ARE ELIGIBLE TO RUN. NOTE THAT NOT ALL AD PRODUCTS, FEATURES, OR NETWORKS ARE ABLE TO SUPPORT THIS RESTRICTED CONTENT. FURTHER DETAILS CAN BE FOUND IN THE POLICY CENTER.


    • ADULT CONTENT ADS SHOULD RESPECT USER PREFERENCES AND COMPLY WITH LEGAL REGULATIONS, SO WE DON’T ALLOW CERTAIN KINDS OF ADULT CONTENT IN ADS AND DESTINATIONS. SOME KINDS OF ADULT-ORIENTED ADS AND DESTINATIONS ARE ALLOWED IF THEY COMPLY WITH THE POLICIES BELOW AND DON’T TARGET MINORS, BUT THEY WILL ONLY SHOW IN LIMITED SCENARIOS BASED ON USER SEARCH QUERIES, USER AGE, AND LOCAL LAWS WHERE THE AD IS BEING SERVED.



      • LEARN ABOUT WHAT HAPPENS IF YOU VIOLATE OUR POLICIES.



      • EXAMPLES OF RESTRICTED ADULT CONTENT: STRIP CLUBS, EROTIC CINEMAS, SEX TOYS, ADULT MAGAZINES, SEXUAL ENHANCEMENT PRODUCTS, MATCHMAKING SITES, MODELS IN SEXUALIZED POSES


    • ALCOHOL: WE ABIDE BY LOCAL ALCOHOL LAWS AND INDUSTRY STANDARDS, SO WE DON’T ALLOW CERTAIN KINDS OF ALCOHOL-RELATED ADVERTISING, BOTH FOR ALCOHOL AND DRINKS THAT RESEMBLE ALCOHOL. SOME TYPES OF ALCOHOL-RELATED ADS ARE ALLOWED IF THEY MEET THE POLICIES BELOW, DON’T TARGET MINORS, AND TARGET ONLY COUNTRIES THAT ARE EXPLICITLY ALLOWED TO SHOW ALCOHOL ADS.

      • EXAMPLES OF RESTRICTED ALCOHOLIC BEVERAGES: BEER, WINE, SAKE, SPIRITS OR HARD ALCOHOL, CHAMPAGNE, FORTIFIED WINE, NON-ALCOHOLIC BEER, NON-ALCOHOLIC WINE, AND NON-ALCOHOLIC DISTILLED SPIRITS


    • GAMBLING AND GAMES

WE SUPPORT RESPONSIBLE GAMBLING ADVERTISING AND ABIDE BY LOCAL GAMBLING LAWS AND INDUSTRY STANDARDS, SO WE DON’T ALLOW CERTAIN KINDS OF GAMBLING-RELATED ADVERTISING. GAMBLING-RELATED ADS ARE ALLOWED IF THEY COMPLY WITH THE POLICIES BELOW AND THE ADVERTISER HAS RECEIVED THE PROPER ADWORDS CERTIFICATION. GAMBLING ADS MUST TARGET APPROVED COUNTRIES, HAVE A LANDING PAGE THAT DISPLAYS INFORMATION ABOUT RESPONSIBLE GAMBLING, AND NEVER TARGET MINORS. CHECK LOCAL REGULATIONS FOR THE AREAS YOU WANT TO TARGET.

EXAMPLES OF RESTRICTED GAMBLING-RELATED CONTENT: PHYSICAL CASINOS; SITES WHERE USERS CAN BET ON POKER, BINGO, ROULETTE, OR SPORTS EVENTS; NATIONAL OR PRIVATE LOTTERIES; SPORTS ODDS AGGREGATOR SITES; SITES OFFERING BONUS CODES OR PROMOTIONAL OFFERS FOR GAMBLING SITES; ONLINE EDUCATIONAL MATERIALS FOR CASINO-BASED GAMES; SITES OFFERING "POKER-FOR-FUN" GAMES; NON-CASINO-BASED CASH GAME SITES


    • HEALTHCARE AND MEDICINES

WE ARE DEDICATED TO FOLLOWING ADVERTISING REGULATIONS FOR HEALTHCARE AND MEDICINE, SO WE EXPECT THAT ADS AND DESTINATIONS FOLLOW APPROPRIATE LAWS AND INDUSTRY STANDARDS. SOME HEALTHCARE-RELATED CONTENT CAN’T BE ADVERTISED AT ALL, WHILE OTHERS CAN ONLY BE ADVERTISED IF THE ADVERTISER IS CERTIFIED WITH TAGTALK AND TARGETS ONLY APPROVED COUNTRIES. CHECK LOCAL REGULATIONS FOR THE AREAS YOU WANT TO TARGET.


    • POLITICAL CONTENT

WE EXPECT ALL POLITICAL ADS AND DESTINATIONS TO COMPLY WITH THE LOCAL CAMPAIGN AND ELECTION LAWS FOR ANY AREA THE ADS TARGET. THIS POLICY INCLUDES LEGALLY MANDATED ELECTION “SILENCE PERIODS.”

EXAMPLES OF POLITICAL CONTENT: PROMOTION OF POLITICAL PARTIES OR CANDIDATES, POLITICAL ISSUE ADVOCACY


    • FINANCIAL SERVICES

WE WANT USERS TO HAVE ADEQUATE INFORMATION TO MAKE INFORMED FINANCIAL DECISIONS. OUR POLICIES ARE DESIGNED TO GIVE USERS INFORMATION TO WEIGH THE COSTS ASSOCIATED WITH FINANCIAL PRODUCTS AND TO PROTECT USERS FROM HARMFUL OR DECEITFUL PRACTICES. FOR THE PURPOSES OF THIS POLICY, WE CONSIDER FINANCIAL PRODUCTS AND SERVICES TO BE THOSE RELATED TO THE MANAGEMENT AND INVESTMENT OF MONEY, INCLUDING PERSONALIZED ADVICE.

WHEN PROMOTING FINANCIAL SERVICES AND PRODUCTS, YOU MUST COMPLY WITH STATE AND LOCAL REGULATIONS FOR ANY REGION THAT YOUR ADS TARGET — FOR EXAMPLE, INCLUDE SPECIFIC DISCLOSURES REQUIRED BY LOCAL LAW. REFER TO OUR NON-EXHAUSTIVE LIST OF COUNTRY-SPECIFIC REQUIREMENTS FOR MORE INFORMATION.


    • TRADEMARKS

THERE ARE MULTIPLE FACTORS THAT DETERMINE WHEN TRADEMARKS CAN BE USED IN ADWORDS ADS. ALONG WITH THE FACTORS DESCRIBED IN OUR POLICY CENTER, THESE POLICIES APPLY ONLY WHEN A TRADEMARK OWNER HAS SUBMITTED A VALID COMPLAINT TO TAGTALK.

LEGAL REQUIREMENTS

YOU’RE ALWAYS RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, IN ADDITION TO TAGTALK'S ADVERTISING POLICIES, FOR ALL OF THE LOCATIONS WHERE YOUR ADS ARE SHOWING.


    • OTHER RESTRICTED BUSINESSES

WHEN PEOPLE USE YOUR ADS, WE WANT TO BE SURE THAT THEY WON’T BE EXPLOITED OR DECEIVED. WE DON’T ALLOW ADVERTISERS TO PROMOTE UNTRUSTWORTHY BUSINESS PRACTICES.

  • COUNTERFEIT GOODS

    • ADVERTISERS AND MERCHANTS SHOULD NOT DISPLAY ADS / VISUALS / IMAGES ON TAGTALK PLATFORM THAT OFFER FOR SALE OR PROMOTE THE SALE OF COUNTERFEIT GOODS. COUNTERFEIT GOODS CONTAIN A TRADEMARK OR LOGO THAT IS IDENTICAL TO OR SUBSTANTIALLY INDISTINGUISHABLE FROM THE TRADEMARK OF ANOTHER. THEY MIMIC THE BRAND FEATURES OF THE PRODUCT IN AN ATTEMPT TO PASS THEMSELVES OFF AS A GENUINE PRODUCT OF THE BRAND OWNER. 

  • INSTALLATION 

    • INSTALLATION WILL TAKE PLACE AT A MUTUALLY CONVENIENT TIME AND WE WILL MAKE REASONABLE EFFORTS TO ARRANGE FOR AN ENGINEER TO PERFORM INSTALLATION ON THE TIME AND DATE REQUESTED BY YOU. 

      PRIOR TO SCHEDULING THE INSTALLATION, YOU NEED TO OBTAIN THE NECESSARY PERMISSION(S) /AUTHORISATION(S) REQUIRED FOR INSTALLATION AT THE ADDRESS INCLUDING THE REQUISITE PERMISSION(S) /AUTHORISATION(S) TO ACCESS ANY COMMON (OR THIRD PARTY) PROPERTY FOR THE PURPOSE. YOU SHALL BE SOLELY RESPONSIBLE FOR RESOLVING / ADDRESSING ANY AND ALL THIRD-PARTY OBJECTIONS TO THE INSTALLATION AT THE ADDRESS. YOU MUST ENSURE THAT WE CAN SAFELY ACCESS THE ADDRESS AND ANY COMMON (OR THIRD PARTY) PROPERTY AND CARRY OUT THE INSTALLATION IN A SAFE AND PEACEFUL MANNER. INSTALLATION AT THE ADDRESS IS SUBJECT TO YOUR FULFILLMENT OF THE REQUIREMENTS OF THIS CLAUSE. 

      IF YOU ARE A RESIDENT OF A MULTI DWELLING UNIT (MDU), YOU NEED TO GIVE YOUR CONSENT AS STATED IN THE INSTALLATION WORK ORDER.

      INSTALLATION AT THE ADDRESS WILL BE CARRIED OUT ONLY IN THE PRESENCE OF YOU OR YOUR AUTHORISED REPRESENTATIVE. WE MAY REQUIRE YOU TO FURNISH A COPY OF VALID AGE AND ADDRESS VIA A PHOTO IDENTIFICATION PROOF (I.E. VOTER ID, RATION CARD, PASSPORT, DRIVER'S LICENSE) AT THE TIME OF INSTALLATION. 

      YOU WILL BE CHARGED FOR ALL SERVICES RELATING TO INSTALLATIONS AT OUR PREVAILING RATE SCHEDULE. SUCH CHARGES WILL BE PAID BY YOU.

      BY FIXING THE DATE AND TIME OF INSTALLATION AND SUBMITTING A SIGNED INSTALLATION WORK ORDER, YOU INDICATE THAT YOU AGREE WITH THE DRILLING, CABLING AND OTHER SERVICES INVOLVED IN THE INSTALLATION. 

      ANY CHANGE OR WORK ON CIVIL ALTERATION FOR THE SUCCESSFUL INSTALLATION OF TAGTALK SERVICES WILL BE UNDER YOUR SCOPE AND TAGTALK WILL NOT BE LIABLE FOR ANY DAMAGE CAUSED.

      YOU ARE RESPONSIBLE FOR THE COST OF ANY AUTHORIZED THIRD-PARTY SERVICES AND MATERIALS THAT MAY BE NECESSARY IN CONNECTION WITH THE INSTALLATION (FOR EXAMPLE, PLUMBER OR ELECTRICIAN). WE WILL INFORM YOU IN ADVANCE IF THOSE SERVICES ARE REQUIRED. WE ARE NOT RESPONSIBLE FOR ACTIONS OF ANY SUCH THIRD PARTY. 

      WE RESERVE THE RIGHT TO CHARGE YOU AND DEBIT YOUR SUBSCRIBER ACCOUNT IF THE ENGINEER HAS VISITED AND THE INSTALLATION HAS NOT TAKEN PLACE BECAUSE: (I) ANY NECESSARY PERMISSION(S) /AUTHORISATION(S) HAVE NOT BEEN OBTAINED OR ARE WITHDRAWN; OR (II) YOU OR YOUR AUTHORISED REPRESENTATIVE ARE NOT PRESENT AT THE APPOINTED TIME; OR (III) YOU HAVE FAILED TO FURNISH A VALID AGE AND ADDRESS PHOTO IDENTIFICATION AS REQUIRED; OR (IV) OF A LACK OF AUTHORISED THIRD-PARTY SERVICES AND MATERIALS REQUIRED FOR INSTALLATION; OR (V) OF ANY OTHER FORCE MAJEURE EVENT. 

      IN THE EVENT YOU WISH TO CHANGE THE INSTALLATION ADDRESS, OR RESCHEDULE THE INSTALLATION TIME, YOU WILL INFORM US BY CONTACTING THE HELPLINE AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO THE SCHEDULED INSTALLATION.

      UTILITY CHARGES SUCH AS ELECTRIC ENERGY CHARGES, INTERNET CHARGES ETC. SHOULD BE PAID BY YOU.

      ALL THE HARDWARE AND MATERIAL, SUCH AS HDMI SWITCH, HDMI SPLITTER, TELEVISION, PROJECTOR, WIRES, CABLES, CONNECTORS ETC. SHOULD BE PROVIDED BY YOU

      WE SHALL NOT BE LIABLE TO YOU IN ANY MANNER WHATSOEVER IF THE INSTALLATION HAS NOT BEEN PERFORMED OR CANNOT BE PERFORMED BECAUSE: (I) ANY NECESSARY PERMISSION(S)/AUTHORISATION(S) HAVE NOT BEEN OBTAINED OR ARE WITHDRAWN; OR (II) YOU OR YOUR AUTHORISED REPRESENTATIVE ARE NOT PRESENT AT THE APPOINTED TIME; OR (III) YOU HAVE FAILED TO FURNISH A VALID AGE AND ADDRESS PHOTO IDENTIFICATION PROOF IF REQUIRED; OR (IV) OF A LACK OF AUTHORISED THIRD-PARTY SERVICES AND MATERIALS REQUIRED FOR INSTALLATION; OR (V) OF ANY OTHER FORCE MAJEURE EVENT. 

      WE WILL CONSULT WITH YOU ON MATTERS REGARDING INSTALLATION. HOWEVER, CONSIDERING OUR EXPERTISE IN THIS MATTER, WE SHALL BE THE DECISION MAKING AUTHORITY ON ALL INSTALLATION MATTERS. 

      WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR INTERRUPTION, DISRUPTION, DEACTIVATION OF SERVICE AFTER INSTALLATION ON ACCOUNT OF ANY FORCE MAJEURE EVENT.

      WE HAVE ENDEAVOURED TO PROVIDE A FUNCTIONAL TAGTALK TOP BOX. HOWEVER, THE TECHNOLOGY IS A NEW TECHNOLOGY WHICH HAS NEVER BEEN OPERATIONALIZED, TRIED AND/OR USED IN INDIA. THUS, WE CANNOT ASSURE THAT THE SAME WILL FUNCTION WITHOUT DEFECTS AND/OR FAULTS. WE SHALL ENDEAVOUR TO REPLACE SET TOP BOX WITH ALTERNATIVE HARDWARE/SET TOP BOX/ DIGITAL CONDITIONAL ACCESS SYSTEM SUCH AS ANOTHER SET TOP BOX (SUBJECT TO AVAILABILITY) THAT MAY BE AVAILABLE WITH TAGTALK. THEREFORE, SUBSCRIBERS ACKNOWLEDGE AND AGREE THAT ANY DEFECTS AND/OR FAULTS IN THE SET TOP BOX ARISING DURING ITS USAGE, ON AN ENTRUSTMENT BASIS BY THE SUBSCRIBERS, SHALL BE AT THE SOLE RISK AND CONSEQUENCES ARISING OUT OF SUCH USE BY THE SUBSCRIBERS.

  • RELOCATION TO NEW ADDRESS 


    • IF YOU WANT TO RELOCATE THE SERVICE TO A NEW ADDRESS, YOU MUST NOTIFY US IMMEDIATELY AND BOOK A RELOCATION WORK ORDER REQUEST GIVING US DETAILS OF THE NEW ADDRESS. YOU WILL BE THEN BE ADVISED BY US ON THE PROCEDURE AND THE CHARGES APPLICABLE FOR THE RELOCATION. WE CANNOT GUARANTEE THAT THE INSTALLATION CAN BE PERFORMED OR THAT YOU WILL BE ABLE TO RECEIVE THE SERVICE AT THE NEW ADDRESS. INSTALLATION AT THE NEW ADDRESS WILL BE CARRIED OUT ONLY IN YOUR OR YOUR AUTHORISED REPRESENTATIVE'S PRESENCE. 

      WE RESERVE THE RIGHT TO DEACTIVATE THE SERVICE IN CASE THE TAGTALK HARDWARE IS MOVED FROM THE ADDRESS AND INSTALLED AT AN ALTERNATIVE ADDRESS WITHOUT OUR EXPRESS AUTHORISATION. 

      INSTALLATION AT A NEW ADDRESS WILL BE SUBJECT TO YOUR FULFILMENT OF THE CONDITIONS LAID DOWN FOR INSTALLATION. 

  • TAGTALK HARDWARE

    • POST INSTALLATION, WE DO NOT ASSURE THAT THE TAGTALK HARDWARE WILL BE FAULT FREE AND ANY EXTERNAL DAMAGE OR TAMPERING WITH THE SAME IS YOUR RESPONSIBILITY. 

      YOU MUST KEEP TAGTALK HARDWARE IN GOOD AND USEABLE CONDITION AT ALL TIMES (FAIR WEAR AND TEAR ACCEPTED) UNTIL RETURNED TO OR COLLECTED BY US. 

      YOU AGREE THAT WE MAY, AT ANY TIME AFTER DEACTIVATION OF THE SERVICE, RETRIEVE THE TAGTALK HARDWARE FROM THE ADDRESS. 

      ONLY WE CAN AUTHORISE THE INSTALLATION, RETRIEVAL, REPAIR OR MAINTENANCE OF THE TAGTALK HARDWARE. 

      YOU MUST NOT REMOVE ANY MARKING THAT IDENTIFIES THE TAGTALK HARDWARE AS BELONGING TO US. 

      ALL TAGTALK HARDWARE WILL AT ALL TIMES REMAIN THE PROPERTY OF TAGTALK AND OWNERSHIP CANNOT BE TRANSFERRED. THE TAGTALK HARDWARE CANNOT BE MOVED FROM THE ADDRESS WITHOUT OUR PRIOR WRITTEN CONSENT, FOR ANY PURPOSE WHATSOEVER. 

      YOU ACKNOWLEDGE THAT THE TAGTALK HARDWARE HAS BEEN PROVIDED TO YOU ON AN ENTRUSTMENT BASIS, WITHOUT ANY CONSIDERATION, ONLY TO AVAIL OF THE SERVICE DURING THE VALIDITY OF THE SUBSCRIPTION CONTRACT. AS THE TAGTALK HARDWARE HAS BEEN PROVIDED ON ENTRUSTMENT BASIS, IT CANNOT BE CONSTRUED THAT ANY RIGHTS IN THE TAGTALK HARDWARE OR OTHERWISE OF WHATSOEVER NATURE HAS BEEN TRANSFERRED TO YOU BY US. WE RESERVE THE RIGHT TO REPOSSESS THE TAGTALK HARDWARE AND/OR CLAIM DAMAGES FROM YOU FOR ANY LOSS OR UNAUTHORIZED USE OR DAMAGE TO THE TAGTALK HARDWARE OR IF THE TAGTALK HARDWARE IS STOLEN DURING THE PERIOD IT HAS BEEN PROVIDED TO YOU ON AN ENTRUSTMENT BASIS OR IN THE EVENT OF YOUR FAILURE TO RETURN THE TAGTALK HARDWARE IMMEDIATELY UPON CANCELLATION OF YOUR SERVICE. 

      WE MAY FROM TIME TO TIME, FOR ANY REASON, REPLACE THE TAGTALK HARDWARE OR ANY COMPONENT THEREOF. IN SUCH CASES, YOU WILL COOPERATE WITH US IN THE REPLACEMENT OF THE TAGTALK HARDWARE OR ANY COMPONENT THEREOF. WE WILL NOTIFY YOU OF THE DETAILS FOR THE PROCESS OF REPLACING THE TAGTALK HARDWARE OR ANY COMPONENT THEREOF. 

      YOU MUST NOT TAKE ANY COMPONENT OUT OF THE SET TOP BOX. YOU MUST NOT ALLOW ANYONE ELSE TO OTHERWISE TAMPER WITH OR USE THE TAGTALK HARDWARE IN ANY MANNER WE DO NOT SPECIFICALLY AUTHORISE. 

      EACH COMPONENT IS COMPATIBLE WITH ONLY ONE SET TOP BOX, AND CANNOT BE USED ON ANY OTHER SET TOP BOX.

      IF YOU TRANSFER THE TAGTALK HARDWARE WITHOUT OUR PRIOR WRITTEN CONSENT WE RESERVE THE RIGHT TO CANCEL THE SERVICES AND/OR TERMINATE THE SUBSCRIPTION CONTRACT WITHOUT PREJUDICE TO OUR RIGHT TO OBTAIN NECESSARY RELIEFS/CLAIM DAMAGES FROM YOU IN ACCORDANCE WITH LAW. 

      IN ORDER TO RECEIVE AN UNINTERRUPTED SERVICE, YOU MUST KEEP YOUR INTERNET CONNECTION  IN THE SET TOP BOX AND THE SET TOP BOX MUST BE CONNECTED TO A MAIN POWER SUPPLY AND KEPT AT THE STANDBY MODE WHEN NOT IN USE. 

      IF REQUIRED, TAGTALK ON ITS SOLE DISCRETION SHALL UPDATE THE SOFTWARE IN THE SET TOP BOX BY SENDING SIGNALS TO THE SET TOP BOX. 

      TAGTALK WILL DEACTIVATE THE SERVICE IF IT IS NECESSARY TO PROTECT THE SECURITY OF OUR SYSTEM OR ANY OTHER PART OF THE SERVICE OR IF WE BELIEVE YOU ARE USING THE HARDWARE IN WAYS WHICH ARE NOT AUTHORISED, OR WHERE WE OTHERWISE BELIEVE IT IS REASONABLE TO DO SO. 

      YOU SHALL USE THE TAGTALK HARDWARE ONLY IN THE MANNER PRESCRIBED IN THIS SUBSCRIPTION CONTRACT. YOU CANNOT USE THE TAGTALK HARDWARE IN ANY MANNER OR FOR ANY PURPOSE NOT SPECIFICALLY PRESCRIBED HEREIN.

      YOU MUST NOT ALLOW ANY OTHER PERSON OR ENTITY TO USE THE TAGTALK HARDWARE IN ANY MANNER AND FOR ANY PURPOSE WHATSOEVER. 

  • ANTI-PIRACY MEASURES 


    • NOTWITHSTANDING ANYTHING CONTAINED IN THIS SUBSCRIPTION CONTRACT, WE SHALL BE ENTITLED, AT ALL TIMES, TO EMPLOY SUCH MEASURES FOR THE DETECTION OF PIRACY AND/OR OTHER UNLAWFUL ACTIVITIES WITH RESPECT TO THE SERVICE AS WE DEEM FIT, INCLUDING BUT NOT LIMITED TO, FINGERPRINTING OR ANY OTHER MECHANISM OR SYSTEM DEPLOYED BY US AND / OR THIRD PARTIES AUTHORISED BY US FOR THE PURPOSE. 


    • YOUR USAGE OF THE SERVICES SHALL BE CLOSELY MONITORED FOR ACTIVITIES RESULTING IN A BREACH OF THE TERMS OF THIS CONTRACT AND / OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY AND / OR VIOLATION OF ANY LAW. IN THE EVENT OF A SUSPICION / DETECTION OF MISUSE BY YOU OF THE SERVICE, WE SHALL BE ENTITLED TO TAKE SUCH ACTION AS WE DEEM APPROPRIATE TO CURB SUCH MISUSE, INCLUDING DEACTIVATION AND / OR CANCELLATION OF YOUR SERVICE AND OTHER CIVIL AND CRIMINAL SANCTIONS AS PROVIDED UNDER THE LAW. 


    • WE SHALL NOT BE LIABLE TO YOU FOR ANY BONA FIDE ACTION (INCLUDING DEACTIVATION AND / OR CANCELLATION) TAKEN BY US TO PROTECT THE INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY AND / OR CHECK OTHER UNLAWFUL ACTIVITIES IN RELATION TO THE SERVICE, EVEN IF SUCH ACTION IS BASED ON INFORMATION (WHETHER GENERATED BY US OR PROVIDED TO US BY AUTHORISED THIRD PARTY/IES) WHICH IS LATER PROVED TO BE INCORRECT. 

  • MAINTENANCE OF TAGTALK HARDWARE 


    • TAGTALK, WILL NOT BE RESPONSIBLE FOR MAINTENANCE OF TAGTALK HARDWARE 

      • SUBJECTED TO ANY INSTALLATION OR REPAIR OR MAINTENANCE OR OTHER WORK BY ANY PERSON OTHER THAN AN AUTHORIZED INSTALLATION BY AN ENGINEER; 

        FAULTS DUE TO EXPOSURE TO ADVERSE ENVIRONMENTAL CONDITIONS INCLUDING EXCESSIVE MOISTURE AND EXCESSIVE TEMPERATURES; 

        ACCIDENTAL OR DELIBERATE DAMAGE TO THE TAGTALK HARDWARE BY ANYONE; 

        ANY DEFECT IN THE TAGTALK HARDWARE DUE TO ANY UNAUTHORIZED OR IMPROPER USE, REPLACEMENT, REMOVAL, MODIFICATION, ALTERATION, TAMPERING, NEGLIGENCE OR FAILURE TO FOLLOW OUR INSTRUCTIONS AS SET OUT IN THE TAGTALK SUBSCRIPTION CONTRACT, ANY USER GUIDES AUTHORIZED BY TAGTALK AND OTHER MATERIALS AUTHORIZED BY TAGTALK WHICH ARE PROVIDED TO YOU FROM TIME TO TIME; 

        DAMAGE TO THE TAGTALK HARDWARE ON ACCOUNT OF FORCE MAJEURE; 

        TAGTALK HARDWARE ON WHICH THE SERIAL NUMBER OR OTHER APPLIED AND IDENTIFYING LABELS HAVE BEEN REMOVED, DEFACED OR ALTERED OR COSMETIC DAMAGE; 

        INSTALLATION FOR ANY PARTS PROVIDED OR SERVICES RENDERED BY ANY THIRD PARTY DURING OR AFTER THE INSTALLATION PROCESS; 

        DAMAGE OR FAULTS ARISING DUE TO DEFECTS OR FAULTS IN THE PROPERTY AT THE ADDRESS OF THE INSTALLATION; 

        DAMAGE ARISING TO YOUR PROPERTY AT THE ADDRESS OF INSTALLATION WHICH IS CAUSED BY AN ACT OF OMISSION, COMMISSION OR NEGLIGENCE BY YOU OR ANY OTHER THIRD PARTY SERVICE PROVIDER; 

        TAGTALK HARDWARE IN CASE THE TAGTALK HARDWARE IS MOVED FROM THE ADDRESS BY AN UNAUTHORIZED PERSON; 

        COSMETIC FAILURES (BEZELS, TOP COVERS, MECHANICAL DAMAGE TO THE TAGTALK HARDWARE); 

        LIQUID DAMAGE TO THE TAGTALK HARDWARE INCLUDING CONTAMINATION OR CORROSION; 

        INFESTATION OR CONTAMINATION BY INSECTS OR ANIMALS; AND/OR 

        IN ANY OTHER CASE OF BREACH OF THIS SUBSCRIPTION CONTRACT EVEN IF NOT COVERED UNDER THE SITUATIONS ENUMERATED ABOVE. 

        IN THE EVENT OF RELOCATION, TAGTALK SHALL BEAR NO RESPONSIBILITY FOR MAINTENANCE OF THE TAGTALK HARDWARE FROM THE DATE OF REQUEST FOR RELOCATION TILL THE DATE OF INSTALLATION AT THE NEW ADDRESS UNTIL PAYMENT OF RELOCATION CHARGES, WHICH SHALL BE COMMUNICATED TO YOU PRIOR TO THE RELOCATION. 

        WE RESERVE THE RIGHT TO CHARGE FOR A SERVICE CALL BY AN ENGINEER AND RESULTING REPAIR OR REPLACEMENT OF TAGTALK HARDWARE, IF ANY IN CASE OF OCCURRENCE OF ANY EVENT AS STATED ABOVE. 

        TO REPORT A FAULT, YOU MAY CALL THE HELPLINE OR CONTACT US BY ANY OTHER METHOD THAT WE PROVIDE FROM TIME TO TIME. 

        EXCEPT AS EXPRESSLY STATED IN THIS SUBSCRIPTION CONTRACT, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY INSTALLATION OR TAGTALK HARDWARE OR THE SERVICE. ALL WARRANTIES OR REPRESENTATIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE DISCLAIMED.

  • CONFIDENTIALITY

    • EACH PARTY THAT RECEIVES CONFIDENTIAL INFORMATION (A “RECIPIENT”) FROM THE OTHER PARTY (A “DISCLOSER”) AGREES NOT TO USE ANY CONFIDENTIAL INFORMATION (AS DEFINED BELOW) FOR RECIPIENT’S OWN USE OR FOR ANY PURPOSE OTHER THAN TO CARRY OUT THE SUBJECT MATTER OF THIS AGREEMENT. RECIPIENT SHALL NOT DISCLOSE ANY CONFIDENTIAL INFORMATION OF DISCLOSER TO THIRD PARTIES. RECIPIENT AGREES TO TAKE ALL REASONABLE MEASURES TO PROTECT THE SECRECY OF AND AVOID DISCLOSURE OR USE OF CONFIDENTIAL INFORMATION OF DISCLOSER IN ORDER TO PREVENT IT FROM FALLING INTO THE PUBLIC DOMAIN OR THE POSSESSION OF PERSONS OTHER THAN THOSE PERSONS AUTHORIZED HEREUNDER TO HAVE ANY SUCH INFORMATION. RECIPIENT FURTHER AGREES TO NOTIFY DISCLOSER IN WRITING OF ANY ACTUAL OR SUSPECTED MISUSE, MISAPPROPRIATION OR UNAUTHORIZED DISCLOSURE OF DISCLOSER’S CONFIDENTIAL INFORMATION WHICH MAY COME TO RECIPIENT’S ATTENTION. “CONFIDENTIAL INFORMATION” MEANS ANY INFORMATION, TECHNICAL DATA OR KNOW-HOW, INCLUDING, BUT NOT LIMITED TO, INFORMATION RELATING TO BUSINESS AND PRODUCT OR SERVICE PLANS, FINANCIAL PROJECTIONS, CUSTOMER LISTS, BUSINESS FORECASTS, SALES AND MERCHANDISING, HUMAN RESOURCES, PATENTS, PATENT APPLICATIONS, COMPUTER OBJECT OR SOURCE CODE, RESEARCH, INVENTIONS, PROCESSES, DESIGNS, DRAWINGS, ENGINEERING, MARKETING OR FINANCE TO BE CONFIDENTIAL OR PROPRIETARY OR WHICH INFORMATION WOULD, UNDER THE CIRCUMSTANCES, APPEAR TO A REASONABLE PERSON TO BE CONFIDENTIAL OR PROPRIETARY. CONFIDENTIAL INFORMATION DOES NOT INCLUDE INFORMATION, TECHNICAL DATA OR KNOW-HOW WHICH: (I) IS IN THE POSSESSION OF RECIPIENT AT THE TIME OF DISCLOSURE, AS SHOWN BY RECIPIENT’S FILES AND RECORDS IMMEDIATELY PRIOR TO THE TIME OF DISCLOSURE; OR (II) BECOMES PART OF THE PUBLIC KNOWLEDGE OR LITERATURE, NOT AS A DIRECT OR INDIRECT RESULT OF ANY IMPROPER INACTION OR ACTION OF RECIPIENT.

      NO ALTERATION OF WEBSITE.  YOU AGREE NOT TO ALTER OR MODIFY ANY PART OF THE WEBSITES OR TO OBTAIN OR ATTEMPT TO ACCESS OR OTHERWISE OBTAIN ANY MATERIALS OR INFORMATION THROUGH HACKING, PASSWORD MINING OR ANY OTHER ANY MEANS NOT INTENTIONALLY MADE AVAILABLE OR PROVIDED FOR THROUGH THE WEBSITES.  YOU MUST NOT INTERFERE OR DISRUPT THE WEBSITES, SERVERS, OR NETWORKS CONNECTED TO THE WEBSITES, INCLUDING BY TRANSMITTING ANY WORMS, VIRUSES, SPYWARE, MALWARE OR ANY OTHER CODE OF A DESTRUCTIVE OR DISRUPTIVE NATURE.  YOU MAY NOT INJECT CONTENT, CODE OR OTHERWISE ALTER OR INTERFERE WITH THE WAY IN WHICH ANY TAGTALK PAGE IS RENDERED OR DISPLAYED IN A USER’S BROWSER OR DEVICE.  YOU AGREE NOT TO USE OR LAUNCH ANY AUTOMATED SYSTEM, INCLUDING WITHOUT LIMITATION, “ROBOTS,” “SPIDERS,” OR “OFFLINE READERS,” THAT ACCESSES THE WEBSITES IN A MANNER THAT SENDS MORE REQUEST MESSAGES TO THE TAGTALK SERVERS IN A GIVEN PERIOD OF TIME THAN A HUMAN CAN REASONABLY PRODUCE IN THE SAME PERIOD BY USING A CONVENTIONAL ON-LINE WEB BROWSER.  YOU AGREE NOT TO COLLECT OR HARVEST ANY PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING ACCOUNT NAMES, FROM THE WEBSITES, NOR TO USE ANY COMMUNICATION SYSTEMS PROVIDED BY THE WEBSITES (E.G., COMMENTS, EMAIL) FOR ANY COMMERCIAL SOLICITATION PURPOSES.  YOU AGREE NOT TO SOLICIT, FOR COMMERCIAL PURPOSES, ANY USERS OF THE WEBSITES WITH RESPECT TO THEIR USER SUBMISSIONS.  IN YOUR USE OF THE WEBSITES, YOU WILL COMPLY WITH ALL APPLICABLE LAWS, ACTS, STATUTES AND REGULATIONS.

      YOUR FEEDBACK.  IF YOU PROVIDE FEEDBACK, QUESTIONS, COMMENTS, SUGGESTIONS, IDEAS, OR OTHER INFORMATION TO US REGARDING THE WEBSITES, CONTENT, OR USER SUBMISSIONS (COLLECTIVELY, “FEEDBACK”), YOU ACKNOWLEDGE THAT THE FEEDBACK IS NON-CONFIDENTIAL AND YOU AUTHORIZE US TO USE THAT FEEDBACK WITHOUT RESTRICTION AND WITHOUT ACKNOWLEDGMENT, PAYMENT OR OTHER COMPENSATION TO YOU.  ACCORDINGLY, YOU HEREBY GRANT TO US PERPETUAL AND IRREVOCABLE LICENSE TO USE THE FEEDBACK FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE.

  • PERFORMANCE. 

    • TAGTALK SHALL NOT BE RESPONSIBLE FOR NON-PERFORMANCE OR DELAYS OCCASIONED BY ANY CAUSE BEYOND TAGTALK'S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, LABOR DIFFICULTIES, DELAYS OF VENDORS OR CARRIERS, FIRES, GOVERNMENTAL ACTIONS AND MATERIAL SHORTAGES, INCLUDING, WITHOUT LIMITATION, ANY DELAY, DOWNTIME, MALFUNCTION OR OTHER OUTAGES OF ANY SOCIAL NETWORKING WEBSITES.

  • INDIVIDUAL FEATURES AND SERVICES.

    • WE AGREE TO MAKE CERTAIN SERVICES AVAILABLE TO YOU AS AGREED UPON BETWEEN US. SOME OF THESE SERVICES MAY BE MADE AVAILABLE FOR NO CHARGE, AND SOME MAY BE MADE AVAILABLE FOR A FEE AS DESCRIBED IN FURTHER DETAIL BELOW. OUR SERVICES MAY BE VARIED, UPDATED, REPLACED, REMOVED, SUPPLEMENTED OR ADDED TO BY US AT ANY TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF A CHANGE TO THE SERVICES IN ADVANCE ONLY IF THE CHANGE DOES NOT PRESERVE, EXTEND, OR ENHANCE THE FEATURES OR FUNCTIONALITY OF THE SERVICES. IF WE NOTIFY YOU OF A CHANGE AS REQUIRED IN THIS SECTION AND YOU DO NOT WISH TO USE THE SERVICES AFTER NOTIFICATION OF THE CHANGE, YOU MAY WITHIN THIRTY (30) DAYS OF NOTIFICATION EITHER PROVIDE US WITH WRITTEN NOTICE OF TERMINATION OF THIS AGREEMENT, OR REJECT THE CHANGE BY WRITTEN NOTICE TO US. IF YOU REJECT A CHANGE, WE MAY TERMINATE THIS AGREEMENT WITHIN SIXTY (60) DAYS AFTER YOUR WRITTEN NOTICE OF REJECTION. IF YOU PROVIDE NO WRITTEN NOTICE TO US WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE, AND THIS AGREEMENT WILL CONTINUE IN FULL FORCE AND EFFECT. UPON TERMINATION, YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE AND EXCLUSIVE LIABILITY IS A REFUND OF ANY PREPAID AND UNUSED FEES FROM THE EFFECTIVE SERVICES TERMINATION DATE. NOTHING IN THIS SECTION REQUIRES US TO CONTINUE TO PROVIDE ANY PORTION OF THE SERVICES IF IT WOULD RESULT IN A VIOLATION OF THE RIGHTS OF ANY THIRD PARTY OR ANY APPLICABLE LAW.

  • TECHNICAL SUPPORT. 

    • WE WILL PROVIDE SUCH RESOURCES AND UTILIZE SUCH EMPLOYEES AND/OR CONSULTANTS AS WE DEEM NECESSARY TO PERFORM ANY IMPLEMENTATION, TRAINING, AND/OR ANY TECHNICAL SUPPORT SERVICES RELATING TO THE SERVICES. THE MANNER AND METHODS WE USE TO PERFORM TECHNICAL SUPPORT ARE SUBJECT TO OUR SOLE DISCRETION, ALTHOUGH TECHNICAL SUPPORT IS PROVIDED PRINCIPALLY VIA EMAIL AT CONTACT@TAGTALK.COM. YOU AGREE TO COOPERATE WITH US IN OUR EFFORTS TO PROVIDE THE TECHNICAL SUPPORT. WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO MEET THE SCHEDULES WE COMMIT TO IN WRITING, AND YOU AGREE TO COOPERATE IN GOOD FAITH TO ALLOW US TO COMPLETE THE SERVICES IN A TIMELY MANNER.

  • THIRD PARTY COMPONENTS.

    • CERTAIN THIRD-PARTY COMPONENTS PROVIDED IN OR WITH THE SERVICES (“THIRD PARTY COMPONENTS”) ARE SUBJECT TO VARIOUS “OPEN SOURCE” OR COMMERCIAL LICENSES. YOUR USE OF THE THIRD PARTY COMPONENTS IS SUBJECT TO AND GOVERNED BY THE APPLICABLE THIRD PARTY COMPONENT LICENSE(S) AND IS NOT SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT

  • OWNERSHIP.

    • WE ARE AND WILL REMAIN THE SOLE AND EXCLUSIVE OWNER OF ALL PROPRIETARY RIGHTS, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, IN AND TO (A) THE APIS, TAGTALK CONTENT, SERVICES, SITE, AND TAGTALK TECHNOLOGY, INCLUDING ANY MODIFICATIONS OR IMPROVEMENTS THERETO; AND (B) ANY INVENTIONS, WORKS OF AUTHORSHIP OR INFORMATION THAT IS AUTHORED, CONCEIVED, REDUCED TO PRACTICE, INVENTED OR OTHERWISE DEVELOPED IN THE COURSE OF PERFORMING ANY SERVICES HEREUNDER. YOU ACKNOWLEDGE THAT OUR NAME, OUR LOGO, AND THE PRODUCT NAMES ASSOCIATED WITH THE SERVICES ARE OUR TRADEMARKS (OR THOSE OF OUR SUPPLIERS OR LICENSORS), AND NO LICENSE TO SUCH MARKS IS GRANTED HEREIN. NO OWNERSHIP OF ANY OF THE FOREGOING OR ANY INTELLECTUAL PROPERTY RIGHTS THEREIN IS TRANSFERRED OR GRANTED TO YOU EXCEPT FOR THE LIMITED ACCESS RIGHTS EXPRESSLY GRANTED HEREIN.

  • SEVERABILITY. 

    • EACH CONDITION IS A SEPARATE COVENANT AND THE INVALIDATION OF ANY PROVISION, BY A COURT OR OTHERWISE, SHALL NOT EFFECT THE OTHER TERMS AND CONDITIONS IN THIS AGREEMENT.

  • VIOLATES ANY LAW FOR THE TIME BEING IN FORCE

    • DECEIVES OR MISLEADS THE ADDRESSEE/ USERS ABOUT THE ORIGIN OF SUCH MESSAGES OR COMMUNICATES ANY INFORMATION WHICH IS GROSSLY OFFENSIVE OR MENACING IN NATURE;

      IMPERSONATE ANOTHER PERSON OR USE AN ANONYMOUS PROXY;

      CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER RESOURCE; OR CONTAINS ANY TROJAN HORSES, WORMS, TIME BOMBS, CANCEL BOTS, EASTER EGGS OR OTHER COMPUTER PROGRAMMING ROUTINES THAT MAY DAMAGE, DETRIMENTALLY INTERFERE WITH, DIMINISH VALUE OF, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION;

      THREATENS THE UNITY, INTEGRITY, DEFENSE, SECURITY OR SOVEREIGNTY OF INDIA, FRIENDLY RELATIONS WITH FOREIGN STATES, OR PUBLIC ORDER OR CAUSES INCITEMENT TO THE COMMISSION OF ANY COGNIZABLE OFFENCE OR PREVENTS INVESTIGATION OF ANY OFFENCE OR IS INSULTING ANY OTHER NATION;

      SHALL NOT BE FALSE, INACCURATE OR MISLEADING;

      SHALL NOT, DIRECTLY OR INDIRECTLY, OFFER, ATTEMPT TO OFFER, TRADE OR ATTEMPT TO TRADE IN THE DEALING WHICH IS PROHIBITED OR RESTRICTED IN ANY MANNER UNDER THE PROVISIONS OF ANY APPLICABLE LAW, RULE, REGULATION OR GUIDELINE FOR THE TIME BEING IN FORCE;

      MAY GIVE RISE TO LIABILITY ON PART OF THE APP OR THE COMPANY OR CAUSE ANY HINDRANCE (IN WHOLE OR IN PART)

      IN CASE OF ANY VIOLATION OF THE ABOVE PROVISIONS, THE COMPANY HAS THE RIGHT TO IMMEDIATELY TERMINATE THE ACCESS OR USAGE RIGHTS OF THE USER TO THE APP WITHOUT ANY NOTICE AND ANY SUCH INFORMATION THAT IS DISPLAYED OR SUBMITTED ON THE APP CAN BE REMOVED IMMEDIATELY AND COMPLETELY.

      YOU SHALL BE RESPONSIBLE FOR KEEPING BACKUP VERSIONS OF THE INFORMATION AND DATA PROVIDED BY YOU. YOU HEREBY AGREE THAT YOU WILL NOT EXPECT THE APP TO RESTORE OR KEEP BACK UP OF YOUR INFORMATION AND DATA AND NOT HOLD THE APP OR THE COMPANY ACCOUNTABLE FOR ANY LOSS OF DATA IN ANY CIRCUMSTANCES.

      YOU WILL ALSO REFRAIN FROM ACCESSING INFORMATION OR DATABASES IN AN UNAUTHORIZED MANNER FROM THE APP OR SERVERS WHERE INFORMATION OR DATABASES ARE KEPT.

      YOU SHALL NOT ATTEMPT TO OR CIRCUMVENT OR MANIPULATE ANY OF THE OBLIGATIONS CONFERRED ON YOU BY THIS USER AGREEMENT. IF SUCH ATTEMPT IS DISCOVERED, IT WILL CONSTITUTE SUFFICIENT GROUND FOR TERMINATION OF ACCESS TO THE APP AND ALSO FOR TAKING APPROPRIATE LEGAL ACTION.

      IF YOU CHOOSE TO PROVIDE FEEDBACK ON THE APP WHICH IS VISIBLE TO OTHER USERS, YOU SHALL EXERCISE DUE CARE WHILE MAKING COMMENTS AND NOT MAKE ANY COMMENTS THAT ARE NOT FACTUAL IN NATURE AND SHALL NOT POST DEFAMATORY OR ILLEGAL OR OFFENSIVE/ OBSCENE CONTENTS.

      YOU UNDERTAKE NOT TO DISCLOSE OR DISTRIBUTE ANY OTHER USER’S INFORMATION TO A THIRD PARTY, OR USE THE INFORMATION FOR ANY UNAUTHORIZED PURPOSE INCLUDING FOR THE PURPOSES OF MARKETING UNLESS YOU HAVE OBTAINED THE USER’S EXPRESS CONSENT TO DO SO.

      YOU SHALL NOT PLACE ANY ADVERTISEMENTS ON THE APP IN ANY MANNER. FURTHER, YOU SHALL NOT USE THE APP TO PROMOTE YOUR OWN OR ANY OTHER PERSON’S BUSINESS OR INTERESTS ON THE APP UNLESS PERMITTED BY THE COMPANY IN WRITING.

      OBLIGATIONS UNDER RELEVANT SECTIONS OF INDIAN CYBER LAWS

      YOU AGREE AND ACKNOWLEDGE THAT

      YOU SHALL NOT USE THIS APP FOR ANY PURPOSE THAT IS UNLAWFUL AND ILLEGAL.- YOU SHALL NOT TRY TO PENETRATE THE APP AND WILL NOT IMPLANT ANY VIRUS, TROJAN, WORM, SPYWARE, MALWARE, SPAM, SPIM, SCAREWARE, BOTS, LOGIC BOMB, TIME BOMB, KEY-LOGGERS AND ANY OTHER AUTOMATED TOOL LIKE DOS OR DDOS ATTACK TOOL (DENIAL OF SERVICE ATTACK)

      YOU SHALL NOT USE THIS APP FOR PUBLISHING OR PROMOTING OR TRANSMITTING PORNOGRAPHIC DATA OR CHILD PORNOGRAPHIC DETAILS

      YOU SHALL NOT CARRY OUT ANY WEB JACKING ATTACKS ON THIS APP.

      YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT YOU MAY BE HELD RESPONSIBLE FOR ABOVE CRIMINAL, FRAUDULENT, DISHONEST AND INJURIOUS ACTIVITIES UNDER CRIMINAL OFFENCES’ SECTIONS 65, 66, 66B, 66C,66D, 66E, 66F, 67, 67A, 67B, 84B AND 84C OF INDIAN INFORMATION TECHNOLOGY ACT,2000 INCLUDING ANY AMENDMENTS THEREIN BASED ON YOUR IP ADDRESS DETAILS.

      YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOU MAY BE HELD RESPONSIBLE UNDER SECTIONS 43, AND 45 OF INDIAN INFORMATION TECHNOLOGY ACT, 2000 INCLUDING ANY AMENDMENTS THEREIN FOR COMPENSATING DAMAGES FOR BUSINESS LOSSES SUCH AS FINANCIAL LOSSES, OUTAGE LOSSES, OPPORTUNITY LOSSES, REPUTATIONAL LOSSES AND OTHER OVERHEADS LIKE REPAIRING, FIXING AND MAINTENANCE IN CASE OF ANY CYBER CONTRAVENTION ON YOUR PART.

  • APPLICABLE LAW. 

    • THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF COURTS IN REPUBLIC OF INDIA WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS, AND CLIENT AND TAGTALK AGREE THAT THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE PUNE (MAHARASHTRA) JURISDICTION, STATE OR CENTRAL COURT LOCATED IN INDIA AND CLIENT AND TAGTALK HEREBY SUBMIT TO THE JURISDICTION OF SUCH COURTS.

  • ERRORS, INACCURACIES AND OMISSIONS

    • OCCASIONALLY THERE MAY BE INFORMATION ON OUR SITE OR IN THE SERVICE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).

      WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICE OR ON ANY RELATED WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.

  • INDEMNIFICATION

    • USER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS TAGTALK, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES FROM AND AGAINST THE FULL AMOUNT OF ANY AND ALL LOSSES (DEFINED BELOW) INCURRED AS A RESULT OF (A) USER’S USE OF THE SOFTWARE, (B) USER’S VIOLATION OF APPLICABLE LAW, OR (C) ANY ACTUAL OR ALLEGED DEATH OF OR INJURY TO ANY PERSON SUFFERED ARISING OUT OF USER’S USE OF THE SOFTWARE, UNLESS CAUSED BY TAGTALK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT TAGTALK (I) PROMPTLY GIVES USER WRITTEN NOTICE OF ANY CLAIM, (II) GIVES USER SOLE CONTROL OF THE DEFENSE AND SETTLEMENT OF SUCH CLAIM (PROVIDED THAT USER MAY NOT SETTLE OR DEFEND ANY CLAIM UNLESS IT UNCONDITIONALLY RELEASES TAGTALK OF ALL LIABILITY), AND (III) HAS NOT COMPROMISED OR SETTLED SUCH CLAIM. FOR PURPOSES OF THIS AGREEMENT, “LOSSES” MEANS ANY AND ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES OR ACTIONS OR PROCEEDINGS WITH RESPECT THERETO OR EXPENSES, INCLUDING, BUT NOT LIMITED TO ALL LEGAL EXPENSES AND ANY AND ALL OTHER EXPENSES INCURRED IN INVESTIGATING, PREPARING, SERVING AS A WITNESS IN OR DEFENDING AGAINST, ANY ACTION OR PROCEEDING, COMMENCED OR THREATENED, WHICH A PARTY MAY BE SUBJECT TO (WHETHER OR NOT SUCH PARTY IS NAMED AS A PARTY) WHICH ARISE OUT OF OR ARE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT.

  • ATTORNEY'S FEES. 

    • IF CLIENT FAILS TO PERFORM ACCORDING TO THE TERMS AND CONDITIONS HEREIN, CLIENT SHALL BE LIABLE FOR ALL NECESSARY COSTS, INCLUDING REASONABLE ATTORNEY OR LAWYER OR LEGAL FEES, INCURRED BY TAGTALK TO ENFORCE THIS AGREEMENT.  TAGTALK RIGHTS AND REMEDIES UNDER THIS AGREEMENT ARE CUMULATIVE. THE EXERCISE OF ANY ONE OR MORE THEREOF SHALL NOT EXCLUDE NOR PRECLUDE TAGTALK FROM EXERCISING ANY OTHER RIGHT OR REMEDY.

  • WAIVER.  

    • THE WAIVER OR FAILURE OF EITHER PARTY TO EXERCISE ANY RIGHT IN ANY RESPECT PROVIDED FOR HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY FURTHER RIGHT HEREUNDER.

  • SURVIVAL

    • ALL PROVISIONS OF THIS AGREEMENT RELATING TO CLIENT WARRANTIES, CONFIDENTIALITY, NON-DISCLOSURE, PROPRIETARY RIGHTS, LIMITATION OF LIABILITY, CLIENT INDEMNIFICATION OBLIGATIONS AND PAYMENT OBLIGATIONS SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

  • PRIVACY

    • TAGTALK’S PRIVACY POLICY MAY BE VIEWED AT HTTP://WWW.TAGTALK.COM/TERMS/PRIVACY. TAGTALK RESERVES THE RIGHT TO MODIFY ITS PRIVACY POLICY IN ITS REASONABLE DISCRETION FROM TIME TO TIME, AND NOTICE OF THESE CHANGES MAY BE PROVIDED BY E-MAIL. SINCE THE SOFTWARE IS A HOSTED, ONLINE APPLICATION, TAGTALK RESERVES THE RIGHT TO NOTIFY ALL USERS OF THE SOFTWARE OF IMPORTANT ANNOUNCEMENTS REGARDING THE OPERATION OF THE SOFTWARE VIA E-MAIL.

      TAGTALK MAY, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES OF OTHERS, COLLECT AND STORE INFORMATION REGARDING USE OF THE TAGTALK AND ABOUT EQUIPMENT ON WHICH THE TAGTALK IS INSTALLED OR THROUGH WHICH IT OTHERWISE IS ACCESSED AND USED. YOU AGREE THAT TAGTALK MAY USE SUCH INFORMATION FOR ANY PURPOSE RELATED TO ANY USE OF THE TAGTALK BY CLIENT, INCLUDING BUT NOT LIMITED TO, (I) IMPROVING THE PERFORMANCE OF THE TAGTALK OR DEVELOPING UPGRADES; AND (II) VERIFYING COMPLIANCE WITH THE TERMS OF THIS AGREEMENT AND ENFORCING TAGTALK'S RIGHTS, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE TAGTALK.

  • DISCLAIMER OF WARRANTY

    • EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TAGTALK AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SOFTWARE OR ANY EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE (“EQUIPMENT”). TAGTALK AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SOFTWARE OR EQUIPMENT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SOFTWARE OR EQUIPMENT WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SOFTWARE OR EQUIPMENT WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, (F) THE ADDITIONAL COSTS INCURRED TO USE THE SOFTWARE OR EQUIPMENT WILL NOT EXCEED A CERTAIN AMOUNT OF MONEY, OR (G) THE SOFTWARE, EQUIPMENT OR THE SERVER(S) THAT MAKE THE SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SOFTWARE AND EQUIPMENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-FRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TAGTALK AND ITS LICENSORS.

  • THE CONSUMER PROTECTION ACT, 1986 AND ADVERTISING

    • THE SECTION 6 OF THIS ACT GRANTS CONSUMERS THE RIGHT TO BE INFORMED ABOUT THE QUALITY, QUANTITY, POTENCY, PURITY, STANDARD AND PRICE OF GOODS OR SERVICES, AS THE CASE MAY BE TO PROTECT THE CONSUMER AGAINST UNFAIR TRADE PRACTICES. SECTION 2(R) OF THE ACT, UNDER THE DEFINITION THE TERM “UNFAIR TRADE PRACTICE”, IT ALSO COVERS THE GAMUT OF FALSE ADVERTISEMENTS INCLUDING MISREPRESENTATIONS OR FALSE ALLUREMENTS. AND TO REDRESS AGAINST SUCH UNFAIR TRADE PRACTICES ON FALSE ADVERTISEMENTS MAY BE SOUGHT UNDER THE ACT

 

  • TERMINATION.

    • THE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE PROVISION OF SERVICES SHALL REMAIN IN EFFECT FOR SIX MONTHS BEGINNING ON THE DATE THAT THE EQUIPMENT IS SHIPPED FROM TAGTALK AND WILL CONTINUE UNLESS AND UNTIL TERMINATED AS PERMITTED HEREIN.   THEREAFTER, THIS AGREEMENT SHALL RENEW AUTOMATICALLY FOR AN ADDITIONAL SIX MONTHS UNLESS EITHER PARTY SHALL PROVIDE THE OTHER PARTY WITH NOTICE OF ITS INTENTION NOT TO RENEW AT LEAST SIXTY (60) DAYS PRIOR TO THE END OF THE THEN CURRENT TERM.

      IN THE EVENT THAT CLIENT DESIRES TO TERMINATE THIS AGREEMENT EARLY, IT MAY DO SO BY MAKING A PAYMENT EQUAL TO TWO MONTHS OF SERVICE FEES AND RETURNING ALL EQUIPMENT TO TAGTALK. IN THE EVENT CLIENT FAILS TO RETURN THE EQUIPMENT TO TAGTALK, TAGTALK IN ITS SOLE DISCRETION MAY CHARGE THE CLIENT IN AN AMOUNT EQUAL TO THE REPLACEMENT COST OF THE EQUIPMENT. THIS REMEDY IS NON-EXCLUSIVE TO ALL OTHER REMEDIES AVAILABLE HEREUNDER.

      EITHER PARTY MAY TERMINATE THIS AGREEMENT UPON NOTICE TO THE OTHER PARTY IF THE OTHER PARTY MATERIALLY BREACHES ANY OF ITS REPRESENTATIONS, WARRANTIES, OR AGREEMENTS UNDER THIS AGREEMENT, AND SUCH BREACH IS NOT CURED WITH TEN (10) DAYS OF RECEIPT OF NOTICE SPECIFYING SUCH BREACH, PROVIDED HOWEVER THAT SUCH CURE PERIOD SHALL NOT APPLY TO ANY FAILURE OF CLIENT TO COMPLY WITH ITS PAYMENT OBLIGATIONS SET FORTH HEREIN.

      TAGTALK MAY TERMINATE THIS AGREEMENT AT ANY TIME AND FOR ANY REASON UPON THIRTY (30) DAYS' PRIOR WRITTEN NOTICE TO CLIENT.

      UPON ANY TERMINATION OR EXPIRATION OF THE TERM, CLIENT SHALL IMMEDIATELY PAY TO TAGTALK ALL UNPAID AND OUTSTANDING FEES AND EXPENSES THROUGH THE EFFECTIVE DATE OF SUCH TERMINATION OR EXPIRATION.

      TAGTALK RESERVES THE RIGHT TO SUSPEND OR TERMINATE ANY USE OF THE TAGTALK SERVICE BY CLIENT FOR ANY BREACH OF THIS AGREEMENT OR UNAUTHORIZED USE OF THE TAGTALK SERVICE. IF CLIENT'S RIGHT TO USE THE TAGTALK IS SUSPENDED OR TERMINATED FOR ANY REASON, CLIENT’S LICENSE TO USE THE TAGTALK SERVICE IMMEDIATELY TERMINATES WITHOUT ANY NOTICE BEING GIVEN TO CLIENT. HOWEVER, ALL PROVISIONS OF THIS AGREEMENT, WITH THE EXCEPTION OF THE TAGTALK’S LICENSE GRANT TO CLIENT, SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE TERMINATION. UPON TERMINATION OF TAGTALK’S LICENSE GRANT TO CLIENT, CLIENT SHALL DESTROY ANY AND ALL COPIES OF THE TAGTALK INTELLECTUAL PROPERTY THAT IT HAS IN ITS POSSESSION.

      IN THE EVENT CLIENT DEFAULTS IN ANY OF ITS OBLIGATIONS, TAGTALK MAY IMMEDIATELY RETAKE POSSESSION OF THE EQUIPMENT WITHOUT FURTHER NOTICE TO CLIENT AND WITHOUT LEGAL PROCEEDINGS, AND CLIENT HEREBY AUTHORIZES AND EMPOWERS TAGTALK TO ENTER CLIENT’S PREMISES OR ANY OTHER PLACE WHERE SUCH EQUIPMENT SHALL BE LOCATED, AND TO RETAKE AND CARRY AWAY THE SAME.

      ONLY AUTHORIZED DECISIONS MAKERS OF CLIENT MAY CANCEL AGREEMENT.

      FOR END USERS - YOU MAY DELETE OR TEMPORARILY SUSPEND YOUR ACCOUNT WITH ANY WEBSITE AT ANY TIME.  WHEN SUSPENDED, YOUR PROFILE WILL BE INVISIBLE UNTIL YOU REACTIVATE YOUR ACCOUNT.  IF YOU CHOOSE TO DELETE YOUR ACCOUNT, ALL OF YOUR PROFILE INFORMATION WILL BE DELETED FROM THE WEBSITES AND OUR SERVERS. IF YOUR PROFILE IS SUSPENDED OR TERMINATED, TAGTALK WILL RETAIN THE RIGHT TO DELETE OR TO CONTINUE TO USE AND NOT DELETE, IN ITS SOLE DISCRETION, YOUR USER SUBMISSIONS ON THE WEBSITES AND OUR SERVERS.

      TAGTALK MAY TERMINATE A USER’S ACCOUNT OR ACCESS TO THE WEBSITES IF, UNDER APPROPRIATE CIRCUMSTANCES, TAGTALK DETERMINES YOU VIOLATED ANY OF THESE TERMS.  IF TAGTALK TERMINATES YOUR ACCESS TO THE WEBSITES OR YOU DELETE YOUR ACCOUNT, YOUR USER SUBMISSIONS, COMMENTS AND ALL OTHER DATA WILL NO LONGER BE ACCESSIBLE THROUGH YOUR ACCOUNT (E.G., USERS WILL NOT BE ABLE TO NAVIGATE TO YOUR USERNAME AND VIEW YOUR INFORMATION), BUT THOSE MATERIALS AND DATA MAY PERSIST AND APPEAR WITHIN THE WEBSITES.  UPON TERMINATION, ALL LICENSES AND OTHER RIGHTS GRANTED TO YOU IN THESE TERMS WILL IMMEDIATELY CEASE.

      OUTLETS OR THEIR OWNERS RESERVES RIGHT TO BLOCK, RESTRICT OR ALLOW THE USER ON TAGTALK PLATFORM ON THEIR SOLE DISCRETION FOR THEIR OUTLET, VENUE, EVENT, PLACE OF BUSINESS OR FRANCHISE.

      TAGTALK RESERVES THE RIGHT TO DECIDE WHETHER USER SUBMISSIONS VIOLATE THESE TERMS FOR REASONS OTHER THAN COPYRIGHT INFRINGEMENT, SUCH AS, BUT NOT LIMITED TO VIOLATIONS OF LAW, OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS, FRAUD, PORNOGRAPHY, OBSCENITY, OR ILLEGAL OR OFFENSIVE CONTENT.  TAGTALK MAY AT ANY TIME, WITHOUT PRIOR NOTICE AND IN ITS SOLE DISCRETION, REMOVE SUCH USER SUBMISSIONS AND/OR DEACTIVATE OR DELETE A USER’S ACCOUNT FOR SUBMITTING SUCH MATERIAL IN VIOLATION OF THESE TERMS MAY AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES OR THE WEBSITES.  ANY SUSPECTED FRAUDULENT, ABUSIVE OR ILLEGAL ACTIVITY THAT MAY BE GROUNDS FOR TERMINATION OF YOUR USE OF WEBSITES, MAY BE REFERRED TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.

      IN ACCORDANCE WITH THE APPLICABLE LAWS, TAGTALK HAS ADOPTED A POLICY OF TERMINATING, IN APPROPRIATE CIRCUMSTANCES AND AT TAGTALK’S SOLE DISCRETION, USERS WHO ARE DEEMED TO BE REPEAT INFRINGERS.  TAGTALK MAY ALSO AT ITS SOLE DISCRETION LIMIT ACCESS TO THE WEBSITES AND/OR TERMINATE THE ACCOUNTS OF ANY USERS WHO INFRINGE ANY IP RIGHTS OR PERSONAL RIGHTS OF OTHERS, WHETHER OR NOT THERE IS ANY REPEAT INFRINGEMENT.

  • TERMS FOR APPLE/ANDROID APPLICATION STORE DOWNLOADS

IN ADDITION TO ALL THE ABOVE APPLICABLE TERMS:


    • YOU ACKNOWLEDGE THAT THESE TERMS ARE ENTERED INTO SOLELY BETWEEN YOU AND TAGTALK, AND NOT WITH ANY THIRD PARTY, INCLUDING APPLE, INC. OR TAGTALK, INC.  THESE TERMS ARE NOT INTENDED TO PROVIDE FOR USAGE RULES FOR THE TAGTALK SOFTWARE THAT ARE LESS RESTRICTIVE THAN THE USAGE RULES SET FORTH FOR LICENSED APPLICATIONS IN, OR OTHERWISE CONFLICT WITH, THE APP STORE TERMS OF SERVICE AS OF THE DATE HEREOF (WHICH YOU ACKNOWLEDGE YOU HAVE HAD THE OPPORTUNITY TO REVIEW).


    • SUBJECT TO ALL THE TERMS AND CONDITIONS HEREIN, TAGTALK HEREBY GRANTS YOU A PERSONAL, LIMITED, NON-COMMERCIAL, NONEXCLUSIVE, NON-SUB-LICENSABLE, NON-ASSIGNABLE, REVOCABLE LICENSE TO DOWNLOAD, INSTALL AND USE ONE (1) COPY OF THE TAGTALK SOFTWARE, IN OBJECT CODE FORM, ONLY ON YOUR APP STORE COMPATIBLE DEVICE (“DEVICE”) FOR THE SOLE PURPOSE OF PERSONALLY USING THE WEBSITES AND, IF YOU HAVE DOWNLOADED THE TAGTALK SOFTWARE FROM THE APPLE APP STORE, AS PERMITTED BY THE USAGE RULES SET FORTH IN THE APPLE OR ANDROID APP STORE TERMS OF SERVICE.


    • YOU ACKNOWLEDGE THAT APPLE AND TAGTALK HAS NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE WEBSITES OR THE TAGTALK SOFTWARE OR YOUR POSSESSION AND/OR USE OF THE WEBSITES OR THE TAGTALK SOFTWARE, INCLUDING WITHOUT LIMITATION: (A) PRODUCT LIABILITY CLAIMS; (B) ANY CLAIM THAT THE WEBSITES OR THE TAGTALK SOFTWARE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (C) ANY CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.


    • YOU ACKNOWLEDGE AND AGREE THAT APPLE, AND APPLE’S SUBSIDIARIES, ARE THIRD-PARTY BENEFICIARIES OF THESE TERMS, AND THAT, UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THESE TERMS, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THESE TERMS AGAINST YOU AS A THIRD-PARTY BENEFICIARY HEREOF.

 


    • IN ADDITION TO ALL THE ABOVE TERMS; USING TAGTALK PLATFORM AND USING HASHTAGS MENTIONED BY TAGTALK AND ITS PARTNERS ON SOCIAL MEDIA PLATFORMS LIKE INSTAGRAM, FACEBOOK, LINKEDIN OR TWITTER, YOU AGREE THAT YOUR POST (PICTURES, COMMENTS OR ADDITIONAL HASHTAGS ALONG WITH YOUR BASIC PROFILE DATA SHARED BY RESPECTIVE SOCIAL MEDIA PLATFORM WILL BE COLLECTED AND STORED BY TAGTALK PLATFORM. TAGTALK CAN ALSO SHARE THIS INFORMATION WITH ITS PARTNERS AND CLIENTS OF TAGTALK

      FROM TIME TO TIME, WE MAY MAKE AVAILABLE SOFTWARE TO ACCESS THE SERVICE VIA A MOBILE DEVICE (“MOBILESOFTWARE”). TO USE THE MOBILE SOFTWARE YOU MUST HAVE A MOBILE DEVICE THAT IS COMPATIBLE WITH THE MOBILE SOFTWARE. WE DO NOT WARRANT THAT THE MOBILE SOFTWARE WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY MOBILE DATA USAGE OR OTHER SIMILAR CHARGES INCURRED BY YOU IN CONNECTION WITH THE MOBILE SOFTWARE. SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, TAGTALK GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO USE A COMPILED CODE COPY OF THE MOBILE SOFTWARE FOR ONE (1) TAGTALK ACCOUNT ON ONE (1) MOBILE DEVICE OWNED OR LEASED SOLELY BY YOU AND IN ACCORDANCE WITH THE FEATURES MADE AVAILABLE TO YOU (UNLESS TAGTALK EXPRESSLY ALLOWS OTHERWISE). 

      • YOU SHALL NOT: 

        MODIFY, DISASSEMBLE, DECOMPILE OR REVERSE ENGINEER THE MOBILE SOFTWARE, EXCEPT TO THE EXTENT THAT SUCH RESTRICTION IS EXPRESSLY PROHIBITED BY LAW; 

        RENT, LEASE, LOAN, RESELL, SUBLICENSE, DISTRIBUTE OR OTHERWISE TRANSFER THE MOBILE SOFTWARE TO ANY THIRD PARTY OR USE THE MOBILE SOFTWARE TO PROVIDE TIME SHARING OR SIMILAR SERVICES FOR ANY THIRD PARTY; 

        MAKE ANY COPIES OF THE MOBILE SOFTWARE; 

        REMOVE, CIRCUMVENT, DISABLE, DAMAGE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE MOBILE SOFTWARE, FEATURES THAT PREVENT OR RESTRICT USE OR COPYING OF ANY CONTENT ACCESSIBLE THROUGH THE MOBILE SOFTWARE, OR FEATURES THAT ENFORCE LIMITATIONS ON USE OF THE MOBILE SOFTWARE; OR 

        DELETE THE COPYRIGHT AND OTHER PROPRIETARY RIGHTS NOTICES ON THE MOBILE SOFTWARE.

    • YOU ACKNOWLEDGE THAT TAGTALK MAY FROM TIME TO TIME ISSUE UPGRADED VERSIONS OF THE MOBILE SOFTWARE, AND MAY AUTOMATICALLY ELECTRONICALLY UPGRADE THE VERSION OF THE MOBILE SOFTWARE THAT YOU ARE USING ON YOUR MOBILE DEVICE. YOU CONSENT TO SUCH AUTOMATIC UPGRADING ON YOUR MOBILE DEVICE, AND AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT WILL APPLY TO ALL SUCH UPGRADES. ANY THIRD-PARTY CODE THAT MAY BE INCORPORATED IN THE MOBILE SOFTWARE IS COVERED BY THE APPLICABLE OPEN SOURCE OR THIRD-PARTY LICENSE EULA, IF ANY, AUTHORIZING USE OF SUCH CODE. THE FOREGOING LICENSE GRANT IS NOT A SALE OF THE MOBILE SOFTWARE OR ANY COPY THEREOF, AND TAGTALK OR ITS THIRD-PARTY PARTNERS OR SUPPLIERS RETAIN ALL RIGHT, TITLE, AND INTEREST IN THE MOBILE SOFTWARE (AND ANY COPY THEREOF). ANY ATTEMPT BY YOU TO TRANSFER ANY OF THE RIGHTS, DUTIES OR OBLIGATIONS HEREUNDER, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, IS VOID.

      THE FOLLOWING APPLIES TO ANY MOBILE SOFTWARE YOU ACQUIRE FROM APPLE’S APP STORE (“APP STORE-SOURCED SOFTWARE”): YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SOLELY BETWEEN YOU AND TAGTALK, NOT APPLE, AND THAT APPLE HAS NO RESPONSIBILITY FOR THE APP STORE-SOURCED SOFTWARE OR CONTENT THEREOF. YOUR USE OF THE APP STORE-SOURCED SOFTWARE MUST COMPLY WITH THE APP STORE TERMS OF SERVICE. YOU ACKNOWLEDGE THAT APPLE HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP STORE-SOURCED SOFTWARE. IN THE EVENT OF ANY FAILURE OF THE APP STORE-SOURCED SOFTWARE TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP STORE-SOURCED SOFTWARE TO YOU; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP STORE-SOURCED SOFTWARE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE SOLELY GOVERNED BY THIS AGREEMENT AND ANY LAW APPLICABLE TO TAGTALK AS PROVIDER OF THE SOFTWARE. YOU ACKNOWLEDGE THAT APPLE IS NOT RESPONSIBLE FOR ADDRESSING ANY CLAIMS OF YOU OR ANY THIRD PARTY RELATING TO THE APP STORE-SOURCED SOFTWARE OR YOUR POSSESSION AND/OR USE OF THE APP STORE-SOURCED SOFTWARE, INCLUDING, BUT NOT LIMITED TO: 

      • PRODUCT LIABILITY CLAIMS; 

        ANY CLAIM THAT THE APP STORE-SOURCED SOFTWARE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND 

        CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION; AND ALL SUCH CLAIMS ARE GOVERNED SOLELY BY THIS AGREEMENT AND ANY LAW APPLICABLE TO TAGTALK AS PROVIDER OF THE SOFTWARE.

    • YOU ACKNOWLEDGE THAT, IN THE EVENT OF ANY THIRD-PARTY CLAIM THAT THE APP STORE-SOURCED SOFTWARE OR YOUR POSSESSION AND USE OF THAT APP STORE-SOURCED SOFTWARE INFRINGES THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, TAGTALK, NOT APPLE, WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENCE, SETTLEMENT AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM TO THE EXTENT REQUIRED BY THIS AGREEMENT. YOU AND TAGTALK ACKNOWLEDGE AND AGREE THAT APPLE, AND APPLE’S SUBSIDIARIES, ARE THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT AS RELATES TO YOUR LICENSE OF THE APP STORE-SOURCED SOFTWARE, AND THAT, UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THIS AGREEMENT AS RELATES TO YOUR LICENSE OF THE APP STORE-SOURCED SOFTWARE AGAINST YOU AS A THIRD-PARTY BENEFICIARY THEREOF.

      THE FOLLOWING APPLIES TO ANY MOBILE SOFTWARE YOU ACQUIRE FROM THE GOOGLE PLAY STORE: 

      • YOU ACKNOWLEDGE THAT THE AGREEMENT IS BETWEEN YOU AND TAGTALK ONLY, AND NOT WITH GOOGLE, INC. (“GOOGLE”); 

        YOUR USE OF GOOGLEOURCED SOFTWARE MUST COMPLY WITH GOOGLE’S THEN-CURRENT GOOGLE PLAY STORE TERMS OF SERVICE; 

        TAGTALK IS ONLY A PROVIDER OF THE GOOGLE PLAY STORE WHERE YOU OBTAINED THE GOOGLE-SOURCED SOFTWARE; 

        TAGTALK, AND NOT GOOGLE, IS SOLELY RESPONSIBLE FOR ITS GOOGLE-SOURCED SOFTWARE;

        TAGTALK HAS NO OBLIGATION OR LIABILITY TO YOU WITH RESPECT TO GOOGLE-SOURCED SOFTWARE OR THE AGREEMENT; AND

        YOU ACKNOWLEDGE AND AGREE THAT GOOGLE IS A THIRD-PARTY BENEFICIARY TO THE AGREEMENT AS IT RELATES TO TAGTALK’S GOOGLE-SOURCED SOFTWARE.

  • ANCILLIARY SERVICES

    • YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND REGULATIONS AND ARE SOLELY RESPONSIBLE FOR ALL ACTS OR OMISSIONS BY YOU ON THE ACCOUNT.

  • CUSTOMER DATA: RIGHTS AND RESPONSIBILITIES


    • CUSTOMER DATA DEFINED. WE DO NOT COLLECT ANY PERSONAL INFORMATION ABOUT YOU, YOUR USERS, OR YOUR CUSTOMERS EXCEPT AS NECESSARY IN THE COURSE OF PROVIDING THE SERVICES TO YOU. HOWEVER, CERTAIN TAGTALK PRODUCTS DO COLLECT INFORMATION ABOUT YOUR CUSTOMERS AND THEIR INTERACTIONS WITH SUCH PRODUCTS (“CUSTOMER DATA”). SUBJECT TO THE PROVISIONS OF THIS SECTION, YOU RETAIN OWNERSHIP OF AND CONTROL OVER CUSTOMER DATA WE COLLECT THROUGH THE PROVISION OF OUR SERVICE TO YOU, AND WE DO NOT SHARE SUCH CUSTOMER DATA, OR USE SUCH SPECIFIC CUSTOMER DATA FOR THE BENEFIT OF, OTHER TAGTALK CUSTOMERS.


    • CUSTOMER DATA LICENSE GRANT. BY PERMITTING US TO COLLECT YOUR CUSTOMER DATA OR PROVIDING YOUR CUSTOMER DATA TO US, YOU HEREBY EXPRESSLY GRANT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS NECESSARY TO GRANT, TO TAGTALK A NONEXCLUSIVE, ROYALTY-FREE, WORLDWIDE LICENSE DURING THE TERM OF THE AGREEMENT TO USE, TRANSMIT, DISTRIBUTE, MODIFY, REPRODUCE, DISPLAY, AND STORE THE CUSTOMER DATA FOR THE PURPOSES OF: (I) PROVIDING THE SERVICES AS CONTEMPLATED HEREIN; AND (II) ENFORCING TAGTALK’S RIGHTS UNDER THE AGREEMENT.


    • YOUR RESPONSIBILITIES FOR YOUR CUSTOMER DATA. IN CONNECTION WITH YOUR CUSTOMER DATA, AS OF THE DATE YOU ACCEPTED THIS AGREEMENT AND THROUGHOUT THE TERM OF THIS AGREEMENT, YOU REPRESENT, WARRANT AND AGREE THAT:



      • YOU HAVE OBTAINED THE CUSTOMER DATA LAWFULLY, AND THE CUSTOMER DATA DOES NOT AND WILL NOT VIOLATE ANY APPLICABLE LAWS OR A THIRD PARTY’S PROPRIETARY, PRIVACY OR INTELLECTUAL PROPERTY RIGHTS;

        AT ALL TIMES, CUSTOMER DATA HAS AND WILL BE COLLECTED BY YOU IN ACCORDANCE WITH YOUR PUBLICLY POSTED PRIVACY POLICY THAT PERMITS YOU TO SHARE, COLLECT, USE AND DISCLOSE SUCH CUSTOMER DATA AS CONTEMPLATED UNDER THIS AGREEMENT, AND IF REQUIRED BY APPLICABLE LAW, PURSUANT TO CONSENTS OBTAINED BY YOU TO DO EACH OF THE FOREGOING. FOR CLARITY AND WITHOUT LIMITATION, CUSTOMER IS RESPONSIBLE FOR THE CONTENT AND PLACEMENT OF CONSUMER-FACING DISCLOSURE REGARDING THE COLLECTION AND USE OF CUSTOMER DATA;

        WE MAY EXERCISE THE RIGHTS TO YOUR CUSTOMER DATA GRANTED UNDER THIS AGREEMENT WITHOUT LIABILITY OR COST TO ANY THIRD PARTY; AND

        THE CUSTOMER DATA COMPLIES WITH THE TERMS OF THIS AGREEMENT.

    • CUSTOMER DATA USE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT TAGTALK MAY COLLECT, ANALYZE, AND USE CUSTOMER DATA AND DATA DERIVED FROM CUSTOMER DATA, INCLUDING DE-IDENTIFIED, AGGREGATED OR ANONYMIZED CUSTOMER DATA, FOR PURPOSES OF OPERATING, ANALYZING, IMPROVING, OR MARKETING THE SERVICES. IF TAGTALK SHARES OR PUBLICLY DISCLOSES INFORMATION (E.G., IN MARKETING MATERIALS, OR IN APPLICATION DEVELOPMENT) THAT IS DERIVED FROM CUSTOMER DATA, SUCH DATA WILL BE AGGREGATED OR ANONYMIZED TO REASONABLY AVOID IDENTIFICATION OF A SPECIFIC CUSTOMER, USER OR INDIVIDUAL. YOU FURTHER AGREE THAT TAGTALK WILL HAVE THE RIGHT, BOTH DURING AND AFTER THE TERM OF THIS AGREEMENT, TO USE, STORE, TRANSMIT, DISTRIBUTE, MODIFY, COPY, DISPLAY, SUBLICENSE, AND CREATE DERIVATIVE WORKS OF THE ANONYMIZED, AGGREGATED DATA.


    • SERVICE USAGE DATA. FOR THE SOLE PURPOSE OF PROVIDING AND IMPROVING OUR SERVICES, WE MAY COLLECT AND USE DATA RELATING TO THE USAGE OF THE SERVICES, INCLUDING WITHOUT LIMITATION MONITORING AND ANALYZING USAGE AND TRAFFIC PATTERNS OF OUR WEBSITES AND SERVICES. THIS USAGE DATA IS: (A) NOT CUSTOMER DATA; (B) DOES NOT INCLUDE ANY PERSONAL INFORMATION ABOUT YOU, YOUR USERS, OR YOUR CUSTOMERS; AND (C) IS OWNED BY TAGTALK.

  • SAFETY; YOUR INTERACTIONS WITH OTHER USERS.

    • THOUGH TAGTALK STRIVES TO ENCOURAGE A RESPECTFUL USER EXPERIENCE THROUGH FEATURES LIKE THE DOUBLE OPT-IN THAT ONLY ALLOWS USERS TO COMMUNICATE IF THEY HAVE BOTH INDICATED INTEREST IN ONE ANOTHER, IT IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON OR OFF OF THE SERVICES. YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICE OR MEET IN PERSON. IN ADDITION, YOU AGREE TO REVIEW AND FOLLOW TAGTALK SAFETY TIPS, LOCATED ON TAGTALK.COM, PRIOR TO USING THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), OR WIRE OR OTHERWISE SEND MONEY, TO OTHER USERS.

      YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT TAGTALK DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. TAGTALK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. TAGTALK RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

  • SECURITY

    • YOUR PRECAUTIONS. YOU WILL TAKE REASONABLE SECURITY PRECAUTIONS INCLUDING ENSURING APPROPRIATELY COMPLEX PASSWORDS, KEEPING YOUR PASSWORDS CONFIDENTIAL AND REGULARLY CHANGING YOUR PASSWORDS. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACTIVITY WHICH TAKES PLACE ON OR THROUGH YOUR ACCOUNT.

      OUR SAFEGUARDS. WE HAVE IMPLEMENTED COMMERCIALLY REASONABLE AND LEGALLY COMPLIANT TECHNICAL, ADMINISTRATIVE, AND ORGANIZATIONAL MEASURES DESIGNED TO MITIGATE AGAINST ACCIDENTAL LOSS AND FROM UNAUTHORIZED ACCESS, USE, ALTERATION OR DISCLOSURE OF THE DATA AND OTHER INFORMATION YOU PROVIDE US IN CONNECTION WITH YOUR USE OF THE SERVICES (IF ANY). HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES WILL NOT BE ABLE TO DEFEAT THOSE MEASURES. YOU ACKNOWLEDGE THAT IT IS NOT FEASIBLE FOR US TO ACCOMMODATE CONFLICTING DATA SECURITY REQUIREMENTS FROM MULTIPLE CUSTOMERS; ACCORDINGLY, FAILURE TO ACCOMMODATE YOUR SPECIFIC DATA SECURITY REQUESTS OR REQUIREMENTS WILL NOT BE DEEMED A BREACH OF THIS AGREEMENT. FOR THE AVOIDANCE OF DOUBT, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS RISK-FREE. WE DO NOT PROVIDE REPRESENTATIONS, WARRANTIES, OR ASSURANCES AGAINST INTERCEPTION OR ACCESS AND, PROVIDED THAT WE COMPLY WITH THE OTHER PROVISIONS OF THIS SECTION, WE WILL NOT BE RESPONSIBLE FOR ANY THEFT, ILLEGAL ACTIVITY OR OTHER UNAUTHORIZED ACTS RESULTING IN LOSS OF OR DAMAGE TO YOU OR ANY USER, OR YOUR OR THEIR COMPUTER, DATA OR OTHER PROPERTY IN CONNECTION WITH USE OF THE SERVICES.

      OUR PRIVACY POLICY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO THE COLLECTION, USE, AND DISCLOSURE OF CERTAIN PERSONALLY IDENTIFIABLE INFORMATION, SUCH AS YOUR NAME AND ADDRESS, DATE OF BIRTH, GENDER AND YOUR PREFERENCES IN ACCORDANCE WITH THE PRIVACY POLICY INCLUDING HAVING THIS INFORMATION COLLECTED, USED, TRANSFERRED TO AND PROCESSED WORLD-WIDE.

  • SERVICES LOCATION; EXPORT RESTRICTIONS.

    • THE SERVICES ARE CONTROLLED AND OPERATED FROM OUR FACILITIES IN REPUBLIC OF INDIA. WE MAKE NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW, INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS. YOU MAY NOT USE THE SERVICES IF YOU ARE A RESIDENT OF A COUNTRY EMBARGOED BY THE REPUBLIC OF INDIA, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED OR DENIED BY THE GOVERNMENT OF INDIA. BY USING THE SERVICES, ON BEHALF OF YOURSELF AND ALL USERS, YOU ARE CONSENTING TO HAVE YOUR INFORMATION TRANSFERRED TO AND PROCESSED IN REPUBLIC OF INDIA.

  • FORCE MAJEURE. 

    • WE WILL NOT BE LIABLE TO YOU OR YOUR USERS FOR DELAYS, FAILURES, OR INADEQUATE PERFORMANCE THAT RESULTS FROM CONDITIONS OUTSIDE OF OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, SYSTEMIC ELECTRICAL, TELECOMMUNICATIONS, OR OTHER UTILITY FAILURES, EARTHQUAKES, THREATENED OR ACTUAL ACTS OF TERRORISM OR WAR, RIOTS, OR GOVERNMENTAL ACTS OR ORDERS.



  • INDEPENDENT CONTRACTORS; THIRD PARTY BENEFICIARIES. 

    • YOU AND WE ARE INDEPENDENT CONTRACTORS, AND NOTHING HEREIN WILL BE CONSTRUED AS CREATING A PARTNERSHIP, AGENCY, OR JOINT VENTURE, AND NEITHER YOU NOR WE WILL HAVE THE ABILITY TO BIND THE OTHER. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.

  • PUBLICITY.

    •  IF YOU ARE A COMPANY, YOU HEREBY GRANT TO US THE RIGHT TO USE YOUR COMPANY’S NAME, TRADEMARKS, AND LOGOS SOLELY FOR PURPOSES OF IDENTIFYING AND PROMOTING YOUR COMPANY AS A CLIENT OF OURS DURING THE TERM OF THIS AGREEMENT AND THEREAFTER. FURTHER, WE WILL HAVE THE RIGHT TO ISSUE A PRESS RELEASE REGARDING THE EXISTENCE OF THE BUSINESS RELATIONSHIP BETWEEN YOU AND US.

  • COMMUNITY RULES. 

    • BY USING THE SERVICES, YOU AGREE THAT YOU WILL NOT:

      • USE THE SERVICE FOR ANY PURPOSE THAT IS ILLEGAL OR PROHIBITED BY THIS AGREEMENT.

        SPAM, SOLICIT MONEY FROM OR DEFRAUD ANY USERS.

        IMPERSONATE ANY PERSON OR ENTITY OR POST ANY IMAGES OF ANOTHER PERSON WITHOUT HIS OR HER PERMISSION.

        BULLY, “TRAIL,” INTIMIDATE, HARASS OR DEFAME ANY PERSON.

        POST ANY CONTENT THAT VIOLATES OR INFRINGES ANYONE’S RIGHTS, INCLUDING RIGHTS OF PUBLICITY, PRIVACY, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY OR CONTRACT RIGHT.

        POST ANY CONTENT THAT IS HATE SPEECH, THREATENING, SEXUALLY EXPLICIT OR PORNOGRAPHIC; INCITES VIOLENCE; OR CONTAINS NUDITY OR GRAPHIC OR GRATUITOUS VIOLENCE.

        POST ANY CONTENT THAT PROMOTES RACISM, BIGOTRY, HATRED OR PHYSICAL HARM OF ANY KIND AGAINST ANY GROUP OR INDIVIDUAL.

        SOLICIT PASSWORDS FOR ANY PURPOSE, OR PERSONAL IDENTIFYING INFORMATION FOR COMMERCIAL OR UNLAWFUL PURPOSES FROM OTHER USERS OR DISSEMINATE ANOTHER PERSON’S PERSONAL INFORMATION WITHOUT HIS OR HER PERMISSION.

        USE ANOTHER USER’S ACCOUNT.

        CREATE ANOTHER ACCOUNT IF WE HAVE ALREADY TERMINATED YOUR ACCOUNT, UNLESS YOU HAVE OUR PERMISSION.

    • TAGTALK RESERVES THE RIGHT TO INVESTIGATE AND/ OR TERMINATE YOUR ACCOUNT WITHOUT A REFUND OF ANY PURCHASES IF YOU HAVE MISUSED THE SERVICE OR BEHAVED IN A WAY THAT TAGTALK REGARDS AS INAPPROPRIATE OR UNLAWFUL, INCLUDING ACTIONS OR COMMUNICATIONS THAT OCCUR OFF THE SERVICE BUT INVOLVE USERS YOU MEET THROUGH THE SERVICE.

  • LIMITATION OF LIABILITY

    • IN NO EVENT SHALL TAGTALK’S AGGREGATE LIABILITY TO USER UNDER THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY USER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL TAGTALK OR ITS LICENSORS BE LIABLE TO USER FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE. IN NO EVENT SHALL TAGTALK OR ITS LICENSORS BE LIABLE TO USER FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SOFTWARE OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SOFTWARE OR EQUIPMENT, ANY CONTENT OBTAINED FROM OR THROUGH THE SOFTWARE OR EQUIPMENT, THE AMOUNT OR COST OF THE DATA REQUIRED TO USE THE SOFTWARE OR EQUIPMENT, OR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF TAGTALK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TAGTALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, AND TO THAT EXTENT, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO USER.

      TAGTALK DOES NOT TAKE ANY RESPONSIBILITY OF ANY OF THE SERVICE NON-AVAILABILITY DUE TO SERVICE OUTAGE OR ANY LEGAL ISSUES.

      WE ARE NOT LIABLE TO YOU FOR ANY DAMAGE TO PROPERTY OR PERSON THAT MAY TAKE PLACE DURING OR IN CONNECTION WITH ANY INSTALLATIONS AND YOUR USE OF THE TAGTALK HARDWARE. 

      WE ARE NOT LIABLE TO YOU FOR ANY ACT OR OMISSION ON YOUR PART.

      WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES OR LOSSES CAUSED TO YOU OR TO YOUR PROPERTY ON ACCOUNT OF THE TAGTALK HARDWARE, SERVICE, OR ANY INSTALLATION, WHETHER BASED ON OUR NEGLIGENCE OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR LOSS OR CORRUPTION OF ANY DATA RECORDED BY YOU ON YOUR HARDWARE, WHICH FOR TECHNOLOGICAL REASONS IS BEYOND OUR CONTROL. REGARDLESS OF THE CAUSE, OUR TOTAL LIABILITY FOR ANY PROVEN DIRECT DAMAGES OR LOSSES TO YOU AND ANYONE ELSE WILL IN NO EVENT EXCEED THE AMOUNT THAT YOU HAVE PAID TO US FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO SUCH DAMAGE OR LOSS. 

      WE RESERVE THE RIGHT, WITHOUT ANY LIABILITY WHATSOEVER TO YOU, TO INTERRUPT, SUSPEND, DEACTIVATE, CANCEL, MODIFY OR REFUSE TO PROVIDE THE SERVICE OR ANY PART OF THE SERVICE, (I) IF WE DETERMINE, IN OUR DISCRETION, IT IS NECESSARY UNDER ANY LAW; (II) DUE TO A FAILURE OR DEGRADATION OF ANY FACILITIES, EQUIPMENT OR SYSTEMS USED TO PROVIDE THE SERVICE; (III) TO COMBAT ANY ACTS OF PIRACY, FRAUD OR MISUSE OF THE SERVICE; (IV) DUE TO ANY ACT BEYOND OUR CONTROL; AND (V) FOR ANY LEGITIMATE BUSINESS PURPOSE. IN THE EVENT OF AN INTERRUPTION, SUSPENSION OR DEACTIVATION OF THE SERVICE, WE MAY, IN OUR DISCRETION, REACTIVATE THE SERVICE SUBJECT TO ANY CONDITIONS THAT WE MAY REQUIRE FROM TIME TO TIME. 

      YOU SHALL INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES, CONTRACTORS, DISTRIBUTORS AND THE RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, EXECUTIVES AND AGENTS OF THE FOREGOING AGAINST ANY AND ALL CLAIMS, LAWSUITS, DEMANDS, ACTIONS, COSTS, LIABILITIES, JUDGMENTS, LOSSES, DAMAGES AND EXPENSES (INCLUDING LEGAL EXPENSES OF A LAWYER) WHICH ARISE OUT OF OR RELATE TO ANY ACTS OR OMISSIONS BY YOU, INCLUDING ANY BREACH BY YOU OF THE SUBSCRIPTION CONTRACT OR THE USE OR MISUSE OF THE SERVICE BY YOU OR ANYONE USING YOUR SUBSCRIBER ACCOUNT.

  • HEADING

    • THE CLAUSE HEADINGS IN THIS AGREEMENT ARE INSERTED FOR CONVENIENCE ONLY AND SHALL NOT AFFECT THE INTERPRETATION OF THIS AGREEMENT.

  • ENTIRE AGREEMENT

    • THIS AGREEMENT INCLUDING THE CURRENT OR ANY RENEWAL SCHEDULE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ALL PRIOR AGREEMENTS AND COMMUNICATIONS BETWEEN THE PARTIES CONCERNING THE SUBJECT MATTER HEREOF. THE USER ACKNOWLEDGES THAT NO RELIANCE IS PLACED ON ANY REPRESENTATION MADE BUT NOT EMBODIED IN THIS AGREEMENT. NO VARIATION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IN WRITING SIGNED BY THE PARTIES AND EXPRESSED TO BE SUCH A VARIATION.

  • EXTERNAL LINK DISCLAIMER

    • TAGTALK WEBSITES & SERVICES CONTAIN LINKS TO EXTERNAL, THIRD PARTY WEB SITES ALONG WITH RELEVANT COMMENTARY TO PROVIDE OUR VISITORS WITH AN UP TO DATE DIGEST OF CURRENT NEWS STORIES. SOME OF THESE SITES MAY NOT BE AFFILIATED WITH TAGTALK.

      BY PROVIDING LINKS TO OTHER SITES, TAGTALK DOES NOT GUARANTEE, APPROVE OR ENDORSE THE INFORMATION OR PRODUCTS AVAILABLE AT THESE SITES, NOR DOES A LINK INDICATE ANY ASSOCIATION WITH OR ENDORSEMENT BY THE LINKED SITE TO THE TAGTALK WEBSITE IN QUESTION.

      TAGTALK DOES NOT OPERATE OR CONTROL AND HAS NO RESPONSIBILITY FOR THE INFORMATION, CONTENT, PRODUCTS AND/OR SERVICES FOUND ON ANY EXTERNAL SITES.  NOR DOES IT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION, PRODUCTS AND/OR SERVICES PROVIDED ON OR THROUGH ANY EXTERNAL SITES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

      VISITING ANY SUCH EXTERNAL SITES IS AT YOUR OWN RISK.  TAGTALK ENCOURAGES OUR USERS TO BE AWARE WHEN THEY LEAVE OUR SITE AND TO READ THE TERMS OF USE AND PRIVACY STATEMENTS OF SUCH EXTERNAL WEBSITES.  VISITORS SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO ITS SITE ADMINISTRATOR OR WEBMASTER.

      NO AUTHORIZATION OR PERMISSION IS GIVEN FOR FRAMING OR LINKING TO ANY PAGES OF A WEBSITE OR ANY OF ITS USER SUBMISSIONS, WHETHER IN WHOLE OR IN PART.

  • COMMENTS AND DISCUSSION GROUPS

    • IN ORDER TO MAKE THE COMMENTS AND DISCUSSION SECTIONS OF THE WEBSITES INTERESTING AND INFORMATIVE FOR TAGTALK WEBSITE USERS, IN ADDITION TO THE OTHER REQUIREMENTS PROVIDED IN THESE TERMS, THE FOLLOWING GUIDELINES MUST BE ADHERED TO BY ALL USERS POSTING AND/OR VIEWING COMMENTS OR DISCUSSIONS:

      • IF A COMMENT IS MADE USING YOUR IDENTITY OR ACCOUNT IT, WILL BE DEEMED TO HAVE BEEN POSTED BY YOU.

        DO NOT POST ABUSIVE, OBSCENE, THREATENING, HARASSING, DEFAMATORY, LIBELOUS, OFFENSIVE OR SEXUALLY EXPLICIT MATERIAL.

        DO NOT INTENTIONALLY MAKE FALSE OR MISLEADING STATEMENTS.

        DO NOT OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE.

        DO NOT POST MATERIAL THAT INFRINGES IP RIGHTS OR PERSONAL RIGHTS.

        DO NOT POST INFORMATION THAT YOU KNOW TO BE CONFIDENTIAL OR SENSITIVE OR OTHERWISE IN BREACH OF THE LAW.

        DO NOT QUESTION WHY A PREVIOUS COMMENT WAS REMOVED.

        KEEP ALL COMMENTS RELEVANT AND ‘ON TOPIC’ TO THE PARTICULAR TAGTALK WEBSITE POSTING OPEN FOR COMMENTS.

        TAGTALK WILL NOT ACCEPT RESPONSIBILITY FOR INFORMATION POSTED IN THE COMMENTS.

        TAGTALK RECEIVES NOTICE THAT ANY POSTING IS NOT IN KEEPING WITH THESE TERMS OR THE INTENDED USE OF THE COMMENTS, TAGTALK MAY REMOVE THAT POSTING AND/OR ANY OTHER RELATED POSTINGS.

  • COMMENTS, DISCUSSION, FORUMS

    • THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON TAGTALK WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF TAGTALK OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. TAGTALK DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF TAGTALK. TAGTALK MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION.  ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

  • LIMITATIONS PERIOD

    • YOU AND TAGTALK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN 30 DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. IF NO SUCH CAUSE OF ACTION IS RAISED WITHIN THE STIPULATED PERIOD OF 30 DAYS FROM THE DATE OF ACCRUAL THEREOF, NOTWITHSTANDING ANY OTHER CLAUSE OF THIS AGREEMENT, IT SHALL BE TREATED THAT SUCH CAUSE OF ACTION IS EXPRESSLY WAIVED-OFF IN OUR FAVOUR AND NO CLAIMS SHALL BE ENTERTAINED ON SUCH TIME-BARRED CAUSE OF ACTION THEREAFTER.