By accessing this website, you agree and acknowledge to be bound by these Terms, even if you haven't registered with Tactonics. You are authorized to use the website only if you agree to abide by all applicable laws, rules, and regulations (“Applicable Law”) and the Terms. If you do not agree to be bound by these Terms, you may not use the Website. Tactonics reserves the right to modify the Terms at any time, and each such modification shall be effective upon posting with the Website. All material modifications will apply prospectively only. Your continued access to this Website following any such modification constitutes your acceptance of the Terms as modified. Therefore, it is important for you to review these Terms regularly.
Website and User Responsibility
Tactonics grants you a limited license to use the Website in accordance with these Terms and the instructions and guidelines posted on the Website. In exchange for providing the functionality of the Tactonics application, users may be shown advertisements within web pages. Tactonics reserves the right to discontinue any aspect of the Website at any time. Tactonics further reserves the right to terminate your license to use the Website at any time and for any reason, or in the future, to charge for usage.
Users are solely responsible for their use of the Website. You agree not to distribute any part of the Website without Tactonics’ written authorization, unless Tactonics allows and provides means for such distribution through the Website. You are solely responsible for your own content and the consequences of submitting, publishing, and/or posting your content with the Website. You warrant that you own or have the necessary permissions for content you submit, publish, and/or post through use of the Website; and you license to Tactonics all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication through the Website pursuant to these Terms. As clarification, you retain ownership rights in your content. However, by submitting content to Tactonics, you grant Tactonics a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, the content in connection with the Website and Tactonics’ (and its successors' and affiliates') business. You
also hereby grant each user of the Website a non-exclusive license to access your content through the Website, and to use, reproduce, distribute, and display such content as permitted through the Website and under these Terms. You further agree that content you submit to the Website will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Tactonics all of the license rights granted herein. Tactonics does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Tactonics will remove all content if properly notified that such content infringes on another's intellectual property rights (see more in Digital Millennium Copyright Act and Infringing Material below). Tactonics reserves the right to remove content without advance notice.
Content is provided to you AS IS. You may access content for your information and personal use solely as intended through the provided functionality and as permitted under these Terms. You shall not download any content except as allowed with the Website. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Tactonics or the respective licensors of the content. Tactonics and its licensors reserve all rights not expressly granted in and to the Website and the content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
Tactonics is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to content featured with the Website, and the content does not represent the advice, views, opinions or beliefs of Tactonics. In accessing content through use of the Website you may be exposed to content from a variety of sources, wherein you may consider portions of the content to be inaccurate, offensive, or inappropriate. You hereby waive any legal or equitable rights or remedies you have or may have against Tactonics with respect to such content, and, to the extent permitted by applicable law. You further agree to indemnify and hold harmless Tactonics, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website. Additionally, the Website and/or the content may feature links to third-party websites not owned or controlled by Tactonics. The inclusion of a link to a third-party website does not imply any endorsement by or affiliation with Tactonics and the third-party website. Further, Tactonics has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites featured with the Website or content and cannot modify the content of any third-party website. By using the Website, you expressly release Tactonics from any and all liability arising from your use of any third-party website featured with the Website and/or content.
Digital Millennium Copyright Act and Infringing Material
Tactonics will terminate a user's access to the Website if, in its sole discretion, it deems termination appropriate. Tactonics further reserves the right to decide whether content violates these Terms for reasons other than copyright infringement, such as, but not limited to, submitting content featuring pornography, obscenity, or other such inappropriate material. Tactonics may at any time, without prior notice and in its sole discretion, remove such content or terminate a user’s account for submitting such material in violation of these Terms.
Uploading a third party's copyrighted, unlicensed material such as copyrighted photographs, art, text, and screenshots in violation of applicable copyright law violates these Terms. Tactonics does not monitor the content for this type of activity. However, complaints submitted to Tactonics by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (“DMCA”) are taken seriously Tactonics will follow the procedures set forth in the DMCA. Violations of copyright law may also result, in Tactonics’ sole discretion, in termination of use of the Website.
• If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a complaint pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3), also at www.copyright.gov, for further detail). Your complaint must include:
An electronic or physical signature of the copyright owner or 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 notice, 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 Tactonics to locate the material;
Information reasonably sufficient to permit Tactonics to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
A statement that the complaining party has 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;
A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Tactonics’ Copyright Agent to receive notifications of claimed infringement can be reached by mail at firstname.lastname@example.org.
• If you believe that your content 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 material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
o Your physical or electronic signature;
o 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;
o 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
o Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Diego, California, 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, Tactonics 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 complaining party 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 Tactonics’ sole discretion.
7. Additional Intellectual Property
• Tactonics may document notices of allegedly-infringing content upon which Tactonics acts and may forward notices of alleged infringement to the party that submitted the allegedly-infringing content, in addition to a third-party which may publish and/or annotate it. Tactonics generally does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works which Tactonics, in its sole discretion, deems as reasonable.
The trademarks, service marks, and logos (“Marks”) featured with the Website, including Tactonics, the Tactonics and/or Tactspace logos and the Tactonics and/or Tactspace designs, are owned by or licensed to Tactonics, subject to trademark, copyright, and other intellectual property rights under the law and may only be reproduced as provided in these Terms and/or with express written permission from Tactonics. Other trademarks that appear on the
Tactonics website that is not owned by or licensed to Tactonics (e.g., trademarks associated with third-party websites shown with links featured on the Website) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by T actonics.
No Warranty and Limitation of Liability
TACTONICS PROVIDES THE WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TACTONICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TACTONICS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE 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 COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TACTONICS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TACTONICS 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 WEBSITE. 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.
IN NO EVENT SHALL TACTONICS, ITS 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 INFORMA TION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSA TION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS 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 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TACTONICS 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 TACTONICS SHALL NOT BE LIABLE FOR CONTENT 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.
YOUR ONLY REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR WEBSITE OR WITH TACTONICS SHALL BE TO TERMINATE USE OF THIS WEBSITE.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Tactonics, its parent corporation, 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 Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
11. Ability to Accept Terms
You agree that: (i) the Website shall be deemed solely based in Atlanta, Georgia; and (ii) the Tactonics website shall be deemed a passive website that does not give rise to personal jurisdiction over Tactonics, either specific or general, in jurisdictions other than Atlanta, Georgia. These Terms 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 Tactonics that arises in whole or in part from the Website shall be decided exclusively by arbitration in Georgia in accordance with the Arbitration Rules of the Georgia Arbitration Code for the time being in force, which rules are deemed to be incorporated by reference in this clause. The
Tactonics and you are independent entities, and nothing in the Terms, or via use of the Tactonics website and/or Website, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Tactonics and you.