Terms of Service:
The following terms and conditions govern all use of the Tagify.com website and all content, services and products available at or through the website, including, but not limited to, any other tools/webapps/web sites created by Bevgem.com. The Website is owned and operated by Bevgem, LLC. (“Bevgem”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Bevgem's Privacy Policy) and procedures that may be published from time to time on this Site by Bevgem (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Bevgem, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
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Your Tagify.com Account.
If you create an account on the Website, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign project names/logos/users to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Bevgem may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Bevgem liability. You must immediately notify Bevgem of any unauthorized uses of your data, your account or any other breaches of security. Bevgem will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
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Responsibility of Contributors.
If you operate an admin account, standard non-admin account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
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the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
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if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
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you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
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the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
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the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
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the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
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your account is not named in a manner that misleads your users into thinking that you are another person or company. For example, your account's Company Name or name is not the name of a person other than yourself or company other than your own; and
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you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Bevgem or otherwise.
By submitting Content to Bevgem for inclusion on your Account, you grant Bevgem a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Account. If you delete Content, Bevgem will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Bevgem has the right (though not the obligation) to, in Bevgem's sole discretion (i) refuse or remove any content that, in Bevgem's reasonable opinion, violates any Bevgem policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Bevgem's sole discretion. Bevgem will have no obligation to provide a refund of any amounts previously paid.
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Payment and Renewal.
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General Terms.
Optional paid services or advanced features are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Bevgem the monthly or annual subscription fees indicated for that service (additional payment terms specifically for VIP services are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
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Automatic Renewal.
Unless you notify Bevgem before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by contacting support.
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Support.
Signing up includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Bevgem to respond within one business day) concerning the use of a paid account. “Priority” means that support for paid account customers takes priority over support for users of the standard, free Tagify.com services. All paid account support will be provided in accordance with Bevgem standard paid account practices, procedures and policies.
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Responsibility of Website Visitors.
Bevgem has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Bevgem does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Bevgem disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
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Copyright Infringement and DMCA Policy.
As Bevgem asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Tagify.com violates your copyright, you are encouraged to notify Bevgem in accordance with the Digital Millennium Copyright Act (“DMCA”). Bevgem will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Bevgem will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Bevgem or others. In the case of such termination, Bevgem will have no obligation to provide a refund of any amounts previously paid to Bevgem.
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Intellectual Property.
This Agreement does not transfer from Bevgem to you any Bevgem or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bevgem. Bevgem, Tagify, Tagify.com, the Tagify.com logo, and all other trademarks, service marks, graphics and logos used in connection with Tagify.com, or the Website are trademarks or registered trademarks of Bevgem or Bevgem's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Bevgem or third-party trademarks.
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Changes.
Bevgem reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Bevgem may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
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Disclaimer of Warranties.
The Website is provided “as is”. Bevgem and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bevgem nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
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Limitation of Liability.
In no event will Bevgem, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Bevgem under this agreement during the twelve (12) month period prior to the cause of action. Bevgem shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
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Indemnification.
You agree to indemnify and hold harmless Bevgem, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
The above TOS was edited with permission from the nice people at
Automattic,
who make
Wordpress.