EFFECTIVE: December 13, 2016
PLEASE READ THESE TERMS OF — USE CAREFULLY AND IN THEIR ENTIRETY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE TERMS OF — USE SET FORTH THE CONTRACTUAL TERMS FOR THE — USE OF THE SERVICES; AS THESE TERMS OF — USE ARE LEGALLY BINDING ON YOU, IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS OF — USE IN THEIR ENTIRETY BEFORE AGREEING TO BE BOUND BY THE TERMS HEREOF.
I. BASIC TERMS.
A. Service Eligibility.
C. Third-Party Sites.
D. Platform Availability.
II. — USER CONDUCT.
A. Rules of Use.
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and regulatory requirements;
- Review and comply with any notices sent by Tactiva concerning the Platform; and
- Use the Platform in a respectful manner.
- Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Platform or any part thereof;
- Utilize or copy information, content, or any data you view on or obtain from the Platform to provide any service that is competitive, in Tactiva’s sole discretion, with Tactiva or the Platform;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Tactiva unless you have entered into a written agreement with Tactiva;
- Adapt, modify, or create derivative works based on Tactiva or technology underlying the Platform, in whole or in part;
- Remove any copyright, trademark, or other proprietary rights notices contained in or on the Platform;
- Remove, cover, or otherwise obscure any form of advertisement included on the Platform;
- Infringe or use, in any manner, Tactiva’s brand, logos, or trademarks, including, without limitation, using the word “Tactiva” in any business name, email, URL, or otherwise;
- Use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the Platform;
- Use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages, or perform other similar activities through the Platform, unless explicitly permitted by Tactiva;
- Access, via automated or manual means or processes, the Platform for purposes of monitoring the Platform’s availability, performance, or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;
- Attempt to or successfully override any security component included in or underlying the Platform;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Platform’s infrastructure, including, without limitation, attempting to gain unauthorized access to the Platform, or transmitting or activating computer viruses through or on the Platform;
- Interfere, disrupt, or game the Platform, including, without limitation, any servers or networks connected to Tactiva, or Tactiva’s search algorithms;
- Recruit or otherwise solicit any User to join third-party services or websites that are competitive to Tactiva without Tactiva’s prior written approval.
III. Intellectual Property Matters.
“Collective Content” means, collectively, Content and Tactiva Content.
“Content” means text, graphics, images, music, software, audio, video, information, or other materials.
“Tactiva Content” means all Content that Tactiva makes available through the Platform, including any Content licensed from a third party.
B. Limited License.
IV. Disclaimer/Limitation of Liability.
IF YOU CHOOSE TO — USE THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. TACTIVA PROVIDES THE PLATFORM AND ALL ASSOCIATED INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. IF YOU ARE DISSATISFIED OR HARMED BY TACTIVA, THE PLATFORM, OR ANYTHING RELATED TO TACTIVA OR THE PLATFORM, YOU MAY TERMINATE YOUR — USE OF THE PLATFORM BY CEASING YOUR — USE OF THE PLATFORM AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
TACTIVA MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
TACTIVA DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MIS– USE OF YOUR IDENTITY OR ANY OTHER INFORMATION BY OTHERS. TACTIVA DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TACTIVA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR — USE CONDITIONS OF THE PLATFORM DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
TACTIVA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY AND ALL — USERS.
B. Limitation of Liability.
IN NO EVENT WILL TACTIVA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF — USE, AND YOUR — USE OF THE PLATFORM OR INABILITY TO — USE THE PLATFORM OR INTERACTIONS WITH ANY OTHER — USERS, EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TACTIVA AND YOU, AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT TACTIVA WOULD NOT HAVE ENTERED INTO THESE TERMS OF — USE IF THIS PROVISION WAS NOT INCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
B. Entire Agreement.
C. Law and Forum for Legal Disputes.
E. Time Limitation on Claims.
You agree that any claim you may have arising out of or related to your relationship with Tactiva must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
G. No Informal Waivers, Agreements, or Representations.
H. No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of the Platform, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Platform or any content or other material used or displayed through the Platform.
I. Assignment and Delegation.
Last updated: December 13, 2016