1) Your Acceptance
a) By subscribing to this Web-based service (“TAGwire” or the “Website”), you signify your agreement to these terms and conditions (the “Terms of Service”) and incorporated here by reference. If you do not agree to any of these terms or the Technology Association of Georgia (TAG) privacy notice, please do not use the TAGwire Website.
b) TAG may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2) TAGwire Website
These Terms of Service apply to all subscribers who contribute video content, information and other materials to the Website.
3) TAGwire Accounts
a) In order to utilize some features of the Website, you may have to create a TAGwire account. You may never use another’s account or share your account password. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TAG immediately of any breach of security or unauthorized use of your account.
b) Although TAG will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TAG or others due to such unauthorized use.
4) User Submissions and Conduct
a) As a TAGwire subscriber, you may submit images, audio or video content (“User Media Content”) and textual content (“Text Content”). User Media Content and Text Content are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, TAG does not guarantee any confidentiality with respect to any User Submissions.
5) Submission Guidelines
a) Images may be submitted to the TAGwire multimedia gallery with or without an accompanying press release, but all submissions must include an explanatory caption, as well as preferred credit line and information on terms of usage or permission requirements, if any.
b) Submitting public information officers can specify whether high-resolution (reproducible) materials should be accessible to all TAGwire visitors or only to reporters.
c) TAGwire will include any requested credit or usage information provided by the submitting organization. We cannot guarantee, however, that all media outlets will faithfully adhere to credit-line or usage instructions in all cases. It is the sole responsibility of the submitter to enforce any credit-line requests or usage restrictions. Moreover, TAG cannot assume responsibility for multimedia content submitted by public information officers who have failed to secure proper permission to do so.
d) You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TAG to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
e) For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to TAGwire, you hereby grant TAG a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the TAG Website and TAG’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the TAG Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TAG Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the TAGwire Service. You understand and agree, however, that HUB may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted..
f) In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TAG all of the license rights granted herein. If a human subject is depicted in the image, you warrant that you have taken special care to obtain any appropriate permission for using the image on the HUB website, and to have the image used as described in the Usage Restrictions section.
g) You further agree that you will not, in connection with User Submissions, submit material that is contrary to the TAGwire Editorial Guidelines which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
h) TAG does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TAG expressly disclaims any and all liability in connection with User Submissions. TAG does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TAG will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. TAG reserves the right to remove Content and User Submissions without prior notice.
6) Usage Restrictions
Subscribers may provide specific Usage Restrictions for a User Submission at the time it is submitted to TAGwire for posting. TAG will post such User Restrictions along with the User Submission, but reserves the right to edit the User Restriction or, should the User Restriction be found too limiting, to refuse to post the User Submission. You acknowledge and agree that TAG shall not be responsible for ensuring that persons who access a User Submission comply with any such User Restrictions, and that it shall not be liable in any manner as a result of any failure on the part of a third party to abide by such User Restrictions.
7) Subscription Termination Policy
a) TAG will terminate a User’s subscription and access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer of TAG policies.
b) TAG reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. TAG may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8) Digital Millennium Copyright Act
a) If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to TAG customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
b) Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Georgia Judicial system, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, TAG may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TAG’s sole discretion.
9) Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE HUB WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TAG AND HUB, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HUB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY INTELLECTUAL PROPERTY RIGHTS HELD BY THIRD PARTIES, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 HUB WEBSITE. HUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HUB WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HUB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10) Limitation of Liability
IN NO EVENT SHALL TAG OR HUB, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HUB WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TAG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You hereby forever release and waive your right, and that of your successors and assigns, to bring suit against TAG, and their officers, directors, employees or agents for any injury or damage allegedly arising from the Website or your use thereof, including without limitation, any damage you may suffer as a result of viewing, uploading, downloading, or using any content at the Website.
The Website is controlled and offered by TAG from its facilities in the United States of America. TAG makes no representations that the TAG Website is appropriate or available for use in other locations. Those who access or use the TAG Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless TAG, 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 attorney’s fees) arising from: (i) your use of and access to the TAG Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the TAG Website.
12) Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TAG without restriction.
You agree that: (i) the TAG Website shall be deemed solely based in Atlanta Georgia; and (ii) the TAG Website shall be deemed a passive website that does not give rise to personal jurisdiction over TAG , either specific or general, in jurisdictions other than Georgia. These Terms of Service shall be governed by the internal substantive laws of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and TAG that arises in whole or in part from the TAG Website shall be decided exclusively by a court of competent jurisdiction located in Georgia. These Terms of Service, together with the Privacy Notice and any other legal notices published by TAG on the Website, shall constitute the entire agreement between you and TAG concerning the TAG Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TAG’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TAG reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the TAG Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TAG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HUB WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.