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This Terms of Service Agreement (the "Agreement") controls your access and use of any of the various services (the "Services") made available to you (the "Member") by swagFriends, LLC. ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR THE SITES. By accessing the services and/or completing the registration process for one of our Sites, you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. By registering for one of our Sites, you represent and warrant that you are not required to register as a sex offender with any government entity. No Member may participate where doing so would be prohibited by any applicable law or regulation. We have created side summaries to help you easily locate specific terms within this Agreement. These summaries are for reference only and in the event that there is a discrepancy between this Agreement and the language of the side summaries, the Agreement will prevail.
A) Changes to the Terms
The Company reserves the right to change or amend this Agreement at any time, for any reason, or for no reason at all, at the Company’s sole discretion. The most recent version of this Agreement will be posted on the Site. Although the Company will provide notice of material changes to this Agreement on the Sites, as a Member it is your sole responsibility to keep yourself informed of any such changes or amendments. Should a Member object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with the Company in any way, Member's only solution is to immediately: (1) discontinue use of the Site; (2) terminate their Site registration; and (3) notify the Company of termination.
B) Description of Services
As a Member, you will be provided with a variety of Services, as described on the Sites. Members may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. The Company reserves the right to enhance, change, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at the Company’s sole discretion, with or without notice to Members, and with no obligation to Members.
C) Member Conduct
Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. The Company reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does the Company guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, the Company, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that the Company deems appropriate to enforce its rights and pursue all available remedies. Without limitation, the Company reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
Members shall not engage in any harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking.
Members shall not list the email addresses of people unknown to them.
Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
Members shall not list as referrals any email addresses which are owned by or belong to that member.
Members shall not attempt to interfere with any other person's use of the Services.
Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a Company employee, forum leader, guide or host.
Members shall not falsely represent that they are sponsored by, endorsed by, or affiliated with a Company website.
Members shall not use any portion of the Company Site or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
Members shall not use any portion of the Company Site or Services to post, upload, email, transmit or otherwise make available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
Members shall not engage in any activity that is clearly offensive or promote or otherwise encourage racism, bigotry, hatred or physical harm of any kind against any group or individual.
Members shall not use any portion of Sites or Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to Minors.
Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
Members shall not post content that displays pornographic or sexually explicit material of any kind.
Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
Members shall not attempt to gain unauthorized access to the Company’s database or other computer systems.
Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Company in connection with the Sites or Services.
Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Sites or Services.
Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraphs #1 through #18 above.
Members shall not use any portion of the Sites or Services for any unlawful purpose.
Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
Members shall not post any contact information on Profile pages, Groups or Newsfeed. Contact information includes email addresses, instant messenger IDs, phone numbers and physical addresses.
Members shall not publicly post information that poses or creates a privacy or security risk to another person.
Members shall not attempt to buy Gold outside of the Tagged.com website
Members shall not attempt to sell Tagged Gold
Members shall not attempt to sell a user account associated with one of the Company Sites.
All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of the Company and its designees. The Company has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Sites and Services. The Company and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of the Company. The Company is not obligated to provide a Member with a warning prior to removal.
E) Document Retention Schedule
All personal information collected by the Company in connection with your use of our Sites, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, IP addresses and other data, may be stored by the Company indefinitely and will be stored in a safe and secure manner.
F) Notice Regarding Commercial Email
MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM THE COMPANY, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY THE COMPANY FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
G) Member Account and Password
Once Member registers for a Site, Member will have a password and an account with the Site. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify the Company of any unauthorized use of Member's account or any other breach of security known to Member.
The Company may offer Sites and Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Sites and Services that are accessible on or through the Mobile Applications. If you use the Sites and Services on a mobile device, you agree that information about your use of the Sites and Services through your mobile device and carrier may be communicated to us, including but not limited to the identities of your mobile carrier or your mobile device, or your physical location. Although we provide our Sites and Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.
I) Copyrights, Trademarks, Patents and Intellectual Property Rights
Member acknowledges that messages, files or other materials ("Content") contained on the Sites and within the Site email messages, and third party advertisements on the Sites and distributed via email, of a commercial nature and presented to Member by the Company and the Sites and Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use the Company Content or third party Content only as expressly authorized by the Company or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Site Content or third party Content without expressly being authorized to do so by the Company or the third party advertiser. Member may make a copy of the Site Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although the Company does not claim ownership of content that its Members may provide to the Company, by providing content to the Company, Members automatically grant, and represent and warrant that they have the right to grant, to the Company a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicensable, license to use, copy, perform, display, and distribute said content.
The Company respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Company’s Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:
swagfriends, LLC, Atlanta, GA 30305