Terms of Use

(Updated: 07/14/2008)

1. ACCEPTANCE OF TERMS

These terms ("Terms") constitute a legal agreement between you and Tagcow.com [Munio Memory Services, LLC. ("Tagcow")]. Your use of this website (“Site”) and/or the Services (as defined below) constitutes your acceptance of the Terms. If you do not agree with the Terms, please do not use this Site or the Services. Tagcow reserves the right to update these Terms and revise or modify the Tagcow Site or Services without notice at anytime and your continued use of the Site and/or the Services will constitute acceptance of such updated Terms or revisions or modifications.

2. DESCRIPTION OF SERVICE

Tagcow provides users with the ability to add meta data to personal photographs which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Tagcow to provide the Service. You also understand and agree that the Service may include certain communications from Tagcow, such as service announcements, and administrative messages, and that these communications are considered part of Tagcow membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Tagcow properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS". You are responsible for obtaining access to the Service, and that access may involve third-party fees(such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tagcow has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tagcow has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. TAGCOW PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://tagcow.com/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tagcow of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tagcow cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, photographs, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Tagcow, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Tagcow does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Tagcow be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic in nature, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. Harm minors in any way;

c. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;

i. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements,procedures, policies or regulations of networks connected to the Service;

j. Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

k. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

l. "Stalk" or otherwise harass another; and/or

m. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Tagcow may or may not pre-screen Content, but that Tagcow and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Tagcow and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Tagcow or submitted to Tagcow.

You acknowledge, consent and agree that Tagcow 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 to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Tagcow, its users and the public.

In addition to the warranty and representation set forth above, by posting a Submission, you warrant and represent that (a) you are the copyright owner of any applicable materials contained in such Submission, or that the copyright owner has granted you permission to use their content, and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms.

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

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Tagcow and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Tagcow does not claim ownership of the materials you provide to Tagcow (including feedback and suggestions) or post, upload or submit via the Service (each a "Submission"). Tagcow is under no obligation to post or use any Submission you may provide and Tagcow may remove any Submission at any time in its sole discretion.

8. CONTRIBUTIONS TO TAGCOW

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Tagcow through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Tagcow is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Tagcow shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Tagcow may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Tagcow without any obligation of Tagcow to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Tagcow under any circumstances.

9. INDEMNITY

You agree to indemnify and hold Tagcow and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Tagcow may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that space will be retained for storage of your data, the maximum disk space that will be allotted on Tagcow's servers on your behalf,and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Tagcow has no responsibility or liability for the deletion or failure to store any photographs or other Content maintained or transmitted by the Service. You acknowledge that Tagcow reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Tagcow reserves the right to modify these general practices and limits from time to time.

11. MODIFICATIONS TO SERVICE

Tagcow 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. You agree that Tagcow shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that Tagcow may, under certain circumstances and without prior notice, immediately terminate your Tagcow account. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Tagcow account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Tagcow's sole discretion and that Tagcow shall not be liable to you or any third party for any termination of your account, or access to the Service.

13. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions,warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Tagcow shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Tagcow has no control over such sites and resources, you acknowledge and agree that Tagcow is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising,products or other materials on or available from such sites or resources. You further acknowledge and agree that Tagcow 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. TAGCOW'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Tagcow or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Tagcow grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Tagcow for use in accessing the Service.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TAGCOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. TAGCOW AND ITS SUBSIDIARIES, AFFILIATES,OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i)THE SERVICE WILL MEET YOUR 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 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; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK,AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAGCOW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS,ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAGCOW AND ITS SUBSIDIARIES,AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TAGCOW 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 OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

19. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

20. NOTICE

Tagcow may provide you with notices, including those regarding changes to the TOS.

21. TRADEMARK INFORMATION

All elements of Site, including but not limited to the general design, TAGCOW, Tagcow logo, and service marks and other Tagcow logos and product and service names are trademarks of Tagcow Inc. (the "Tagcow Marks"). Without Tagcow's prior permission, you agree not to display or use in any manner the Tagcow Marks, are protected by trade dress, trademark, copyright and other laws relating to intellectual property rights. Tagcow hereby provides you with a limited license to use the Site and the Services for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display,perform, reproduce, publish, license, create derivative works from, transfer,or sell any features or elements of the Site or the Services, or any portion thereof

22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Tagcow respects the intellectual property of others, and we ask our users to do the same. Tagcow may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Tagcow the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. A description of the copyrighted work or other intellectual property that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the site;

d.your address, telephone number, and email address;

e. 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;

f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

For notice of claims of copyright or other intellectual property infringement, Tagcow can be reached as follows:

By mail:

Copyright/IP Agent
c/o Tagcow.com
Munio Memory Services, LLC.
1425 Broadway #401
Seattle, WA 98122
copyright@muniocorp.com

23. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Tagcow and governs your use of the Service, superseding any prior agreements between you and Tagcow with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Tagcow services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and Tagcow. Any dispute relating your use of the Site or the Services shall be submitted to confidential arbitration in Cedar Hills, Utah, except that Tagcow may seek injunctive or other relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts, to the extent you have violated or threatened to violate Tagcow intellectual property rights. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Waiver and Severability of Terms. The failure of Tagcow to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Tagcow account is non-transferable and any rights to your Tagcow ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

24. VIOLATIONS

Please report any violations of the TOS to Customer Relations.