Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR TAGAMO (COLLECTIVELY, THE “SERVICE”), YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE.

The Service is owned and operated by Tagamo Inc. (“Tagamo”). Tagamo reserves the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on this website (the “Site”), and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service following the posting of changes or modifications shall constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended terms, you must stop using the Service.

If you have any question regarding the use of the Service, please refer first to the Contact Section. All questions or comments about the Site or its contents should be directed to ph@gotagamo.com. Any new features that modify, augment or enhance the Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your account. Although Tagamo prohibits certain conduct and content on the Service, you acknowledge and agree that Tagamo is not responsible for the content available through the Service. You agree to use the Site and Service at your own risk.

1. Account Terms

You must be a human being. Accounts registered by “bots” or other automated methods are not permitted.

You must provide your correct legal full name, a valid email address, and any other information requested in order to complete the registration process.

You are responsible for maintaining the security of your account and password. Tagamo cannot and will not be liable for any loss or damage resulting from your failure to comply with your obligations.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws, rules or regulations applicable to you (including but not limited to copyright laws and other intellectual property protections).

2. Use of the Service

Tagamo’s Responsibilities. Tagamo will use commercially reasonable efforts to: (i) provide its basic support for the Service to you at no additional charge, and (ii) make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which Tagamo will endeavor to give notice via email notification), and (b) any unavailability caused by urgent maintenance or circumstances beyond Tagamo’s control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks.

Tagamo Services. Tagamo anticipates that the Service may be available through a variety of evolving platforms such as the Tagamo web service, third party services and applications, and tablet and mobile applications/devices. The geographical areas covered by the Service (“Coverage Areas”) may be modified by Tagamo from time to time at its sole discretion. While Tagamo anticipates that the Coverage Areas will generally increase, Tagamo makes no representations or warranties regarding the Coverage Areas and reserves the right to increase, decrease and modify the Coverage Areas without liability as Tagamo deems appropriate.

Third Party Applications and Services; and Custom Data: If you use or access the Service through a third party application or service or obtain any custom data through the Service, you are responsible for ensuring that you have obtained all necessary rights, licenses and authorizations. You authorize Tagamo to host, transmit, and display custom data. You shall indemnify, defend and hold Tagamo harmless from and against any claim, demand, suit or proceeding made or brought against Tagamo by a third party arising out of your use of the Service in violation of this Agreement, and any claim that your use of the Service infringes or misappropriates the intellectual property or proprietary rights of a third party or violates any law, rule or regulation and you shall indemnify Tagamo from and against any related damages, losses, liabilities, expenses, attorney fees and costs.

Other: If you use or access the Service through a third party application or service i, you acknowledge and agree that Tagamo may allow such third parties to access your data as necessary for the interoperation of such third party applications and services with the Service. You acknowledge and agree that Tagamo shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by a third party. The Service will allow you to restrict such access by restricting Users from installing or enabling third party Applications for use with the Service.

3. General Conditions

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.

You understand that Tagamo uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You shall not use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any content or web pages or screen contained in or generated by or relating to the Service.

You agree not to reproduce, duplicate, copy, sell, or resell any portion of the Service, use of the Service, or access to the Service without the prior written consent of Tagamo.

Tagamo may, but shall have no obligation to, remove content that Tagamo determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

You understand that the technical processing and transmission of the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You shall not transmit any worms or viruses or any code of a destructive nature.

Tagamo does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error- free, (iii) the results that may be obtained from the use of the Service will be accurate, timely or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (v) any errors in the Service will be corrected.

You expressly acknowledge and agree that Tagamo shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tagamo has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, content or conduct of any third party; or (v) or any other matter relating to the Service. Without limiting the generality of the foregoing, you acknowledge and agree that Tagamo shall not be liable for your use of or reliance on any information obtained through the Service.

The failure of Tagamo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Tagamo and govern your use of the Service, superseding any prior agreements between you and Tagamo (including, but not limited to, any prior versions of the Terms of Service).

You may not access or use the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

4. Cancellation and Termination

You are solely responsible for properly canceling your account. You can cancel your account at any time only by clicking on the Account link in the gear icon at the top of the screen and then selecting the cancellation link. Such cancellation will be effective immediately.

Tagamo, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Tagamo service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Tagamo reserves the right to refuse service to anyone for any reason at any time.

5. Modifications to the Service

Tagamo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Tagamo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

6. Copyright and Content Ownership

All content available through the Service, regardless of whether it is content created by Tagamo or Third Party Content, is protected by applicable copyright and other intellectual property protection laws.

Tagamo does not pre-screen Third Party Content, but Tagamo and its designee have the right (but not the obligation) in their sole discretion to remove any content that is available via the Service.

The copyright of the look and feel of the Service is the sole and exclusive property of Tagamo. All rights are reserved. You may not duplicate, copy, distribute or reuse any portion of the HTML/CSS or visual design elements without the prior written consent of Tagamo.

Tagamo does not warrant, and is not responsible for the legality, quality, accuracy, integrity, fitness, reliability, or availability of any third party applications or services (“Third Party Apps”) that you may purchase or connect to through or with the Service, or any descriptions, or promises related to the foregoing. Your agreement to use such Third Party Apps shall be solely between you and such third party provider. If you install or enable Third Party Apps for use with the Service, or access the Service from the Third Party Apps, You acknowledge Tagamo may access and use your data and basic account information as necessary for provisioning and, or interoperation of such Third Party Apps with the Service. If you do not want to permit the exchange of your data or account information with Third Party Apps, the Service allow you to restrict such access by not enabling or by disabling such Third Party Apps for use with the Service.

7. Copyright and Limited License

Unless otherwise expressly indicated in the Service, the Service and all content and other materials provided through the Service, excluding Third Party Content but including, without limitation, any and all logos, designs, text, graphics, pictures, information, data, software, sound files, other files, any selection and arrangement of any of the foregoing and anything else accessible via the Service (collectively, the "Service Materials") are the proprietary property of tagamo or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Service, (except where prohibited without a license) and print to hard copy portions of the Service Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include (and you agree not to engage in): (a) any resale or commercial use or redistribution of the Service or any Service Materials or Third Party Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Service Materials or Third Party Content, (d) modifying or otherwise making any derivative uses of the Site, any Service Materials, any Third Party Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Service, the Service Materials, the Third Party Content or any information contained therein, except as expressly permitted on the Service; (g) any use of the Service or any Service Materials or Third Party Content other than for its intended purpose; (h) any use of any Service or the Service Materials or Third Party Content in connection with the design, creation or distribution of physical materials (for mailing, marketing or any other purpose); or (i) any activity with respect to the Service or any Service Materials or Third Party Content that is not in compliance with all applicable laws and regulations (including, without limitation, all national, state, local and other laws and regulations relating to physical mailing or emailing or spam) and all of Tagamo’s contractual obligations to third parties. Any use of the Service or the Service Materials or Third Party Content other than as specifically authorized herein, without the prior written permission of Tagamo, is strictly prohibited and will terminate the license granted herein and your account. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

8. Trademarks

TAGAMO is trademarked, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tagamo or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing “Tagamo” or any other name, trademark or product or service name of tagamo without Tagamo’s prior written permission. In addition, the look and feel of the Service and Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tagamo and may not be copied, imitated or used, in whole or in part, without Tagamo’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tagamo.

9. HYPERLINKS AND THIRD PARTY CONTENT

Tagamo makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content or third-party websites accessible by hyperlink from the Service, or websites linking to the Site or Service. Such sites are not under the control of Tagamo and Tagamo is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Tagamo provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Tagamo of any site or any information contained therein. When you leave the Service, you should be aware that Tagamo’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service. Tagamo does not monitor or have any control over any Third Party Content. Tagamo does not endorse or adopt any Third Party Content and makes no guarantee as to its accuracy, timeliness or completeness. Tagamo does not represent or warrant the accuracy of any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.Advertisements and Promotions; Third-Party Products and Services Tagamo may run advertisements and promotions from third parties on the Service or may otherwise provide information about or links to third-party products or services on the Service. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Tagamo is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Tagamo advertisers or third party information on the Service.