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const TermsAndConditionsText: React.FC = () => {
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return (
Last updated: November 6, 2020
Please read these terms and conditions carefully before using Our
Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings
defined under the following conditions.
The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
Application means the software program
provided by the Company downloaded by You on any electronic device,
named Tagg
Application Store means the digital
distribution service operated and developed by Apple Inc. (Apple App
Store) or Google Inc. (Google Play Store) in which the Application has
been downloaded.
Affiliate means an entity that
controls, is controlled by or is under common control with a party,
where "control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors
or other managing authority.
Account means a unique account created
for You to access our Service or parts of our Service.
Company (referred to as either "the
Company", "We", "Us" or "Our" in this Agreement) refers to TaggiD, Inc.,
7026 Argonne Trail, TX 77479.
Content refers to content such as text,
images, or other information that can be posted, uploaded, linked to, or
otherwise made available by You, regardless of the form of that content.
Country refers to: Texas, United States
Device means any device that can
access the Service such as a computer, a cellphone, or a digital tablet.
Feedback means feedback, innovations or
suggestions sent by You regarding the attributes, performance or
features of our Service.
Service refers to the Application.
Terms of Service (also referred as
"Terms") mean these Terms of Service that form the entire agreement
between You and the Company regarding the use of the Service.
Third-party Social Media Service means
any services or content (including data, information, products, or
services) provided by a third-party that may be displayed, included, or
made available by the Service.
You means the individual accessing or
using the Service, or the company, or other legal entity on behalf of
which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms of Service governing the use of this Service and the
agreement that operates between You and the Company. These Terms of
Service set out the rights and obligations of all users regarding the
use of the Service.
Your access to and use of the Service is conditioned on Your acceptance
of and compliance with these Terms of Service. These Terms of Service
apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms
of Service. If You disagree with any part of these Terms of Service then
You may not access the Service.
You represent that you are over the age of 13. The Company does not
permit those under 13 to use the Service.
Your access to and use of the Service is also conditioned on Your
acceptance of and compliance with the Privacy Policy of the Company. Our
Privacy Policy describes Our policies and procedures on the collection,
use and disclosure of Your personal information when You use the
Application or the Website and tells You about Your privacy rights and
how the law protects You. Please read Our Privacy Policy carefully
before using Our Service.
User Accounts
When You create an account with Us, You must provide Us information that
is accurate, complete, and current at all times. Failure to do so
constitutes a breach of the Terms, which may result in immediate
termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access
the Service and for any activities or actions under Your password,
whether Your password is with Our Service or a Third-Party Social Media
Service.
You agree not to disclose Your password to any third party. You must
notify Us immediately upon becoming aware of any breach of security or
unauthorized use of Your account.
You may not use as a username the name of another person or entity or
that is not lawfully available for use, a name or trademark that is
subject to any rights of another person or entity other than You without
appropriate authorization, or a name that is otherwise offensive, vulgar
or obscene.
You may not copy, modify, distribute, sell, or lease any part of our
Services, nor may You reverse engineer or attempt to extract the source
code of that software, unless laws prohibit these restrictions or You
have our written permission to do so.
As our Application or Website allows You the option of connecting your
social media accounts, it’s information and content to your user
account, You grant Us permission to display content You have made
private on other social media sites as public on our Application or
Website if You have elected to have a public account on our Application
or Website.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the
Content that You post to the Service, including its legality,
reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to
use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through the Service. You retain any and
all of Your rights to any Content You submit, post or display on or
through the Service and You are responsible for protecting those rights.
You agree that this license includes the right for Us to make Your
Content available to other users of the Service, who may also use Your
Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or
You have the right to use it and grant Us the rights and license as
provided in these Terms, and (ii) the posting of Your Content on or
through the Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users.
You expressly understand and agree that You are solely responsible for
the Content and for all activity that occurs under your account, whether
done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous, defamatory, obscene or
otherwise objectionable. Examples of such objectionable Content include,
but are not limited to, the following:
{textWithBulletPoint(
'Unlawful or promoting unlawful activity.',
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{textWithBulletPoint(
'Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.',
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{textWithBulletPoint(
'Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.',
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{textWithBulletPoint(
'Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.',
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{textWithBulletPoint(
'Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.',
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{textWithBulletPoint(
'Impersonating any person or entity including the Company and its employees or representatives.',
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{textWithBulletPoint(
'False information and features.',
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The Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and
complies with this Terms, refuse or remove this Content. The Company
further reserves the right to make formatting and edits and change the
manner any Content. The Company can also limit or revoke the use of the
Service if You post such objectionable Content. As the Company cannot
control all content posted by users and/or third parties on the Service,
you agree to use the Service at your own risk.You understand that by
using the Service You may be exposed to content that You may find
offensive, indecent, incorrect or objectionable, and You agree that
under no circumstances will the Company be liable in any way for any
content, including any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of your use of any content.
Tagg looks to foster a friendly network of users and therefore has a
zero-tolerance policy for abusive users. In the event that a user
exhibits objectionable or abusive behaviour, the Company shall remove
that user from the network immediately.
Content Backups
Although regular backups of Content are performed, the Company do not
guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation,
Content that is corrupted prior to being backed up or that changes
during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known
or discovered issues that may affect the backups of Content. But You
acknowledge that the Company has no liability related to the integrity
of Content or the failure to successfully restore Content to a usable
state.
You agree to maintain a complete and accurate copy of any Content in a
location independent of the Service.
Software License
Any intellectual property rights, and any other exclusive rights on
software or technical applications embedded in or related to this
Application are held by the Company and/or its licensors.
Subject to You the users' compliance with and notwithstanding any
divergent provision of these Terms, the Company merely grants You a
revocable, non-exclusive, non-sublicensable and non-transferable license
to use the software and/or any other technical means embedded in the
Service within the scope and for the purposes of this Application and
the Service offered.
This license does not grant You any rights to access, usage, or
disclosure of the original source code. All techniques, algorithms, and
procedures contained in the software and any documentation thereto
related is the Company's or its licensors' sole property.
Without prejudice to the above, under this license Users may download,
install, use, and run the Application
The Company reserves the right to release updates, fixes, and further
developments of this Application and/or its related software and to
provide them to You. You may need to download and install such updates
to continue using this Application.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy
to respond to any claim that Content posted on the Service infringes a
copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You
believe that the copyrighted work has been copied in a way that
constitutes copyright infringement that is taking place through the
Service, You must submit Your notice in writing to the attention of our
copyright agent via email at support@thetaggid.com and include in Your
notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys'
fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium
Copyright Act (DMCA) by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
{textWithBulletPoint(
"An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.",
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{textWithBulletPoint(
'A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.',
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)}
{textWithBulletPoint(
'Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.',
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)}
{textWithBulletPoint(
'Your address, telephone number, and email address.',
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{textWithBulletPoint(
'A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.',
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)}
{textWithBulletPoint(
"A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.",
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)}
You can contact our copyright agent via email at support@tagg.id. Upon
receipt of a notification, the Company will take whatever action, in its
sole discretion, it deems appropriate, including removal of the
challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You
or other users), features and functionality are and will remain the
exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both
the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any
product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide
the Company. If for any reason such assignment is ineffective, You agree
to grant the Company a non-exclusive, perpetual, irrevocable, royalty
free, worldwide right and licence to use, reproduce, disclose,
sub-licence, distribute, modify and exploit such Feedback without
restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that
are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods or services available on or through
any such web sites or services.
We strongly advise You to read the terms and conditions and privacy
policies of any third- party web sites or services that You visit
Termination
We may terminate or suspend Your Account immediately, without prior
notice or liability, for any reason whatsoever, including without
limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account,. You may simply discontinue using
the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability
of the Company and any of its suppliers under any provision of this
Terms and Your exclusive remedy for all of the foregoing shall be
limited to the amount actually paid by You through the Service or 100
USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of
privacy arising out of or in any way related to the use of or inability
to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of
this Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or
limitation of liability for incidental or consequential damages, which
means that some of the above limitations may not apply. In these states,
each party's liability will be limited to the greatest extent permitted
by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on
behalf of its Affiliates and its and their respective licensors and
service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service, including
all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, and warranties that may arise out
of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Service
will meet Your requirements, achieve any intended results, be compatible
or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability
standards or be error free or that any errors or defects can or will be
corrected.
Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the
Service, or the information, content, and materials or products included
thereon; (ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or
content provided through the Service; or (iv) that the Service, its
servers, the content, or e-mails sent from or on behalf of the Company
are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of
warranties or limitations on applicable statutory rights of a consumer,
so some or all of the above exclusions and limitations may not apply to
You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under
applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall
govern this Terms and Your use of the Service. Your use of the
Application may also be subject to other local, state, national, or
international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first
try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any
mandatory provisions of the law of the country in which you are resident
in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that
is subject to the United States government embargo, or that has been
designated by the United States government as a "terrorist supporting"
country, and (ii) You are not listed on any United States government
list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force
and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of
any subsequent breach.
Translation Interpretation
These Terms of Service may have been translated if We have made them
available to You on our Service. You agree that the original English
text shall prevail in the case of a dispute.
Changes to These Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these
Terms at any time. If a revision is material We will make reasonable
efforts to provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at
Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not
agree to the new terms, in whole or in part, please stop using the
website and the Service.
Contact Us
If you have any questions about these Terms of Service, You can contact
us:
By email: support@tagg.id
By visiting this page on our website:{' '}
https://www.tagg.id/
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export default TermsAndConditionsText;