Terms & Conditions
Tagg Me
Terms and Conditions
Last Updated: 12/03/2024
1. Introduction and Overview
1.1 Welcome to the Tagg Me (“Tagg,” “We,” “Our,” or “Us,”) end user software license and terms of service agreement (the “Agreement”). Please read the Agreement carefully because it governs your access to and use of the Tagg Me browser extension, Tagg Me website and all other Tagg Me websites, software applications, and other online services provided by Tagg Me (collectively, the “Service” or “Services”). These terms are an agreement between you and Cody Ventures, LLC d/b/a Tagg Me (“Tagg Me,” “us,” and “our”) and its affiliates and partners (individually and collectively, “Tagg Me”). “You,” “Your,” and “Licensee” in this Agreement refer to you, an individual.
1.2 The Services are licensed to you by Tagg Me for use strictly in accordance with the terms and conditions of this Agreement. By clicking the “accept” button or downloading or using the Services, you are entering into and agreeing to be bound by the terms of this Agreement and the Tagg Me Privacy Policy, each as amended from time to time. If at any time after reviewing the Services you wish to terminate this Agreement, you must un-install and remove the Services from your Device and delete any copy in your possession.
1.3 If Tagg Me makes any updates or upgrades to the Services available to you, such updates or upgrades shall be subject to the terms and conditions of this Agreement.
1.4 The Services are only available for individuals ages 13 years or older. Do not use Services if you are under the age of 13. If you are between the ages of 13 and 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. No component of the Services is intended to solicit information from minors (people under eighteen (18) years old), and neither are specifically designed to determine whether a user is a minor. If you are under age eighteen (18), do not submit to us any personally identifiable information, such as your name, address, email address, telephone number or any other information that would permit us to identify you. Because such information will not be specifically identified as being from minors, users of the Services should be aware that personally identifiable information submitted by minors may be treated in the same manner as information given by an adult. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us to let us know.
1.5 You represent and warrant that you have the legal right and capacity to enter into this Agreement.
1.6 Each time you access and/or use the Services, you agree to be bound by and comply with the terms and conditions of this Agreement and the Tagg Me Privacy Policy. The business realities associated with operating the Services are such that, without the conditions that are set forth in this Agreement—such as your grants and waivers of rights, the limitations on our liability, and your indemnity to us—we would not make them available to you.
2. Agreement Grant and Use Restrictions
2.1 Restrictions on Use. You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Services, even for research purposes; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services; (iii) violate any applicable laws, rules or regulations in connection with your access to or use of the Services; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Tagg Me or its collaborators, suppliers or licensors; (v) use the Services in a manner that derives revenue directly from such use, or for any other purpose for which it is not designed or intended; (vi) use the Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Tagg Me; (vii) use any proprietary information or interfaces of Tagg Me or other intellectual property of Tagg Me in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Services; (viii) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Services; (ix) access, tamper with, or use services or areas of the Services that you are not authorized to access; (x) alter information on or obtained from the Services; (xi) tamper with postings, registration information, profiles, submissions or content belonging to the Services or other users of the Services; (xii) use any robot, spider, scraper or other automated means or interface not provided by us to access the Services or extract data or gather or use information, such as email addresses, or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (xiii) impersonate or misrepresent your affiliation with any person or entity; (xiv) reverse engineer any licensed software, application, or any other aspect of the Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services; or (xv) take any action which might impose a significant burden (as determined by us) on our infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Services. You agree to abide by the rules and policies established from time to time by Tagg Me. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Services and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this Agreement.
3. Intellectual Property Rights
3.1 Rights to Services. You acknowledge and agree that the Services any copies thereof, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Tagg Me or its collaborators, licensors, or suppliers. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Tagg Me and its collaborators, licensors and suppliers. Title to and ownership of the Services shall remain with Tagg Me. Tagg Me and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Services at any time without notice and will have no liability for doing so. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights not expressly granted in this Agreement are hereby reserved and retained by Tagg Me. These obligations survive termination of this Agreement.
3.2 Tagg Me Trademarks. Tagg Me owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Services. You are not authorized to use the Tagg Me marks in any advertising, publicity or in any other commercial manner without the prior written consent of Tagg Me, which may be withheld for any or no reason. You are also not authorized to copy the design elements, “look and feel” or layout of the Website. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. These obligations survive termination of this Agreement.
4. No Responsibility for Third-Party Content and Services
4.1 You acknowledge that the Services may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties (“Third-Party Content and Services”).
4.2 You acknowledge that Tagg Me does not investigate, monitor, represent or endorse the Third-Party Content and Services (including any third-party websites accessed through the Services). Furthermore, your access to and use of the Third-Party Content and Services is at your sole discretion and risk, and Tagg Me shall have no liability to you arising out of or in connection with your access to and use of the Third-Party Content and Services. Third parties may collect information about you and your Device if you choose to use Third-Party Content and Services. Tagg Me and its collaborators, suppliers, and licensors are not responsible for third parties’ data collection practices. Tagg Me encourages you to review the third parties’ privacy policies.
4.3 Third-Party Terms of Service. You acknowledge and agree that your access to and use of the Third-Party Content and Services and any correspondence or business dealings between you and any third party are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Tagg Me and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. You agree to use the Third-Party Content and Services at your sole risk and that Tagg Me and its collaborators, suppliers, and licensors shall have no liability to you for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.
5. Accounts, Use and Social Features
5.1 Our practices governing any collection and use of your personal information through the Services are disclosed in our Privacy Policy.
5.2 You agree that: (i) you will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it including on any personal profile page, continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your account, password, and username, whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Services using your name, username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; (vi) you will not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Content (defined below), including but not limited to, copyright laws; and (vii) you will not sell, transfer, or assign your account or any account rights.
5.3 We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
5.4 If any information that you provide is, or if we have reasonable grounds to suspect that any information that you provide is, false, inaccurate, outdated, incomplete, or violates any applicable terms or conditions or law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits—all in our sole discretion, for any reason, and without advance notice or liability.
5.5 Tagg Me may act upon any instructions received under your password and e-mail address without further verification.
6. Term and Termination
6.1 This Agreement shall be effective until terminated. Tagg Me may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Tagg Me. Upon the termination of this Agreement, you shall cease all use of the Services. Tagg Me may, without notice to you, disable the Services.
6.2 Tagg Me will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy Tagg Me may have, now or in the future. These obligations survive termination of this Agreement.
7. Disclaimer of Warranties
7.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICES AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. TAGG ME AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES AND THIRD-PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 TAGG ME AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES OR THIRD-PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES OR THIRD-PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICES OR THIRD-PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAGG ME SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.
7.3 YOU ACKNOWLEDGE THAT CORE CAMPUS AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. TAGG ME AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT TAGG ME AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
8. Limitation of Liability
8.1 EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL TAGG ME, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE OF, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD-PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAGG ME’s AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE SERVICES, (ii) THE AGGREGATE AMOUNT YOU PAID TO TAGG ME FOR USE OF THE WEBSITE DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
9. Indemnification
9.1 You shall indemnify, defend and hold harmless Tagg Me and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Services or Third-Party Content and Services; (ii) your breach of this Agreement; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party. You will promptly notify Tagg Me in writing of any third-party claim arising out of or in connection with your access to or use of the Services. These obligations survive termination of this Agreement.
10. Dispute Resolution by Binding Arbitration
10.1 If Tagg Me has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve such a dispute through binding arbitration instead of in courts of general jurisdiction. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, and will take place in Chicago, Illinois.
10.2 Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
11. Miscellaneous
The following miscellaneous provisions survive termination of this Agreement.
11.1 Governing Law, Limitation on Actions. The Services are controlled and operated by Tagg Me from its offices within the State of Illinois. Tagg Me makes no representation that materials on the Website are appropriate or available for use in other locations. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. To the extent that the arbitration provision above is deemed not to control, you agree that any permitted action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County in Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
11.2 Severability. If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected, and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
11.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute waiver of any subsequent breach.
11.4 Modification or Amendment. Tagg Me reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof) with or without notice. You agree that Tagg Me will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. This Agreement may be updated or changed from time to time, as determined by Tagg Me in its sole discretion. Any changes or modifications will be effective immediately upon such notice, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Services following updates or a change to this Agreement constitutes your acceptance of those changes; therefore, you should frequently review this Agreement to understand the terms and conditions that apply to your use of the Services. If you do not agree to the revisions, you must terminate your use of the Services immediately.
11.5 Survival. Any provisions of this Agreement which by their express language or by their context are intended to survive the termination of this Agreement shall survive such termination.
11.6 Third-Party Beneficiaries. Except as explicitly provided in this Agreement, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
11.7 No Transfer by you. You may not rent, lease, lend, sublicense, assign or transfer the Services, this Agreement or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this Agreement. Tagg Me may assign this Agreement without restriction.
11.8 Copyright Complaints. Tagg Me respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted by or through the Services in a way that constitutes copyright infringement, please submit a notification to Tagg Me’s Copyright Agent pursuant to the Digital Millennium Copyright Act (“DMCA”). Tagg Me’s Copyright Agent for notice of claims of copyright infringement relating to the Services can be reached as follows:
Cody Ventures, LLC d/b/a Tagg Me
Attn: Copyright Notice (Legal)
50 E Chestnut St #3601
Chicago, IL 60611
11.9 Entire Agreement. This Agreement including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Services licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.