TAGG Terms of Service
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered via the App or website (“Additional Terms”). Should this happen, the Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
Your permission to use the App, Sites and/or Services is conditioned upon your agreement that you:
- are 18 years of age or older or are using this with parental consent and guidance
- will comply with these Terms;
- are able to form a binding contract with us;
- are not prohibited by law from accessing our App, Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our App, Sites and/or Services by us;
- are not acting on behalf of a person whose access to our App, Sites and/or Services has been previously terminated or otherwise denied by us;
- will not impersonate another user of the App, Sites and/or Services.
The communications between you and TAGG are always electronic. You consent to receive communications from TAGG in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
You will need to register with your phone number (“Account”) in order to use TAGG. No other person or entity may access the app, sites or use the Services through your phone number and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the App, sites or use the Services has previously been terminated by TAGG may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf. Please notify us immediately if you become aware that your credentials are being used without permission.
“TAGGing Your Purchase”
When you visit any of TAGG’s participating businesses you may TAGG your purchase, either by submitting a picture of your receipt at tagg.today. When you take a picture of your receipt, you will then choose the business location and the organization of your choice. Once the validation is complete, the receipt will be submitted to TAGG for approval.
Business Rewards & Donations
Businesses can do increased donations (over the standard 5%) at any given time. They are time specific and determined by the business. Businesses can create business rewards to thank users for continuing to come to their business and using TAGG. It’s up to the business’s discretion the dollar amount required before a reward is given, what the reward is, any limitations and expiration.
TAGG will reward users when certain milestones are reached, by allowing the user to earn an additional donation to the user’s Organization of choice, receive TAGG swag or business gift cards, products or services.
Ownership of the Site and Services
The App, Sites and/or Services (including past, present and future versions) and all content that are included in or on, or that are otherwise a part of, the App, Sites and/or Services (collectively, the “Content”) are owned, controlled or licensed by TAGG.
The entire contents of the App, Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, TAGG owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the App, Sites and/or in the Services. Trademarks and service marks, including, without limitation, “TAGG,” that appear on the Sites and/or in the Services are the service and trademarks of TAGG or its affiliated entities, including the Businesses. Without TAGG’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to TAGG or the respective owners of such marks. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of TAGG, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the App, Sites and/or Services.
Your Access to the App, Sites and Services
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the App, Sites and/or Services. You are expressly prohibited from:
- Any resale or commercial use of the App, the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;
- Any collection and use of any product listings, descriptions, prices or any other information posted on the App or Sites for any purpose other than your own personal use, including, without limitation, any purpose competitive to TAGG or the Business featured hereunder or any commercial purpose, including marketing;
- Any downloading or copying of the App, Sites or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
- Deep-linking to any portion of the Sites;
- Framing or utilizing framing techniques to enclose any portion of the App or Sites without express written consent;
- Using the App, Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Attempting to gain access to secured portions of the App, Sites and/or Services to which you do not possess access rights;
- Using the App, Sites and/or Services to generate unsolicited email advertisements or spam; or
- Using any automatic or manual process to search or harvest information from the App, Sites and/or Services, or interfering in any way with the proper functioning of the App, Sites and/or Services.
Any unauthorized use of the App, Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms.
Third-Party Links and Contents
Information and Content Submitted by You
The App, Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on the App, Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. TAGG reserves the right (but not the obligation) to review, remove or edit such User Content in its sole and absolute discretion. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the App, Sites and/or Services are those of the respective author(s) or distributor(s) and not of TAGG
If you do post User Content or submit material (unless we indicate otherwise), you grant TAGG a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant TAGG and our sub-licensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify and defend TAGG, and its successors, affiliates, officers, directors, agents, and employees, from and against any and all claims resulting from User Content you supply. TAGG takes no responsibility and assumes no liability for any User Content posted by you or any third party.
If you want to terminate your relationship with TAGG, you may do so by: (A) notifying TAGG via email and (B) uninstalling the TAGG app from your phone.
TAGG may, at any time, terminate its relationship with you with or without cause, in its sole discretion, including, without limitation, if any of the following occurs: (i) you have breached any provision of these Terms or you do not comply with these Terms; (ii) TAGG is required by law to do so; (iii) the partner with whom TAGG has offered the Services to you has terminated its relationship with TAGG or ceased to offer the Services to you; (iv) TAGG no longer provides Services in the country in which you reside; or (v) TAGG determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything to the contrary in these Terms, TAGG reserves the right, in its sole discretion, to discontinue any product or service at any time.
Without limiting any of the foregoing, TAGG may immediately terminate or suspend any Facebook and Twitter credentials, Accounts or passwords in the event of any conduct by you that TAGG, in its sole discretion, considers to be unacceptable or in the event of any breach by you of these Terms. In the event of termination, you agree to immediately cease access to our Sites and Services.
Disclaimer of Warranties
WE PROVIDE THE APP, SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS APP OR SITES IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TAGG’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAGG AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE BUSINESSES DISCLAIM IMPLIED WARRANTIES THAT THE SITES AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE APP, SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE APP, SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE APP, SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) THE APP, SITES, SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM TAGG WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations of Liability
SUBJECT TO THE DISCLAIMER OF WARRANTIES PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE APP, SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAGG, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR BUSINESS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THESE TERMS, YOUR BREACH OF THESE TERMS OR YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE APP SITES, AND/OR SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TAGG’S CUMULATIVE LIABILITY HEREUNDER WILL BE LIMITED TO THE TOTAL AMOUNT OF FEES THAT WE RECEIVED IN CONNECTION WITH THE SPECIFIC TAGGED PURCHASE. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND ANY BUSINESS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH ANY BUSINESS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND LIMITATIONS OF LIABILITY PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE TAGG FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF ANY BUSINESS AND ANY ACTION OR INACTION BY ANY BUSINESS.
YOU AND TAGG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO TAGG MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnity, Reservation of Right, Release
You agree to defend, indemnify and hold harmless TAGG and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, reasonable attorney’s fees) arising from: (i) your use of and access to the App, Sites or the Services; (ii) your violation of any provision of these Terms; (iii) your violation of any third-party right, including, without limitation, any copyright, property right or privacy right; or (iv) any User Content you submit. This defense and indemnification obligation will survive the termination of your relationship with TAGG and your use of the App, Sites and/or Services.
TAGG reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Business. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the App, Sites and from any claims related to the conduct of any other customers of ours or any Business. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
By using the App, Sites or our Services, you agree to these Terms, and you further agree that any claim or dispute between you and TAGG that arises out of these Terms shall be governed by the laws of the State of Nebraska without regard to conflict of law principles. You further consent to the exclusive jurisdiction of the state and federal courts in Omaha, Nebraska, to resolve any dispute that may arise between you and TAGG regarding these Terms or your relationship with TAGG.
Copyright Notice-Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find any content on the App, Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for TAGG’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Troy Meyerson, DMCA/Copyright Agent
409 South 17th Street Omaha, NE 68102
Entire Agreement, Changes to these Terms and Waivers
You and we are independent contractors, and nothing in these Terms creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of these Terms. We may assign any and all of our rights under these Terms at any time without notice to you. You may not assign any of your rights and obligations hereunder, in whole or in part, without our prior written consent, and any attempt by you to do so will be invalid. Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions of these Terms will continue in full force and effect. Our failure to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. Our rights under these Terms will survive any termination of these Terms or our relationship with you.
You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent to use TAGG, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and all related agreements between you and TAGG, and that you are fully able and competent to abide by and comply with these Terms. If you are not legally able to accept these Terms, or refuse to abide by and comply with the same, you must cease use of the App, Sites and/or websites.