Terms of Service
The purpose of this website, Tackk.com (the "Site"), owned and operated by Tackk Inc. ("Tackk"), an Ohio LLC, is to provide web publishing and web sharing services. Please read these terms of service ("Agreement") carefully before using the Site or any services provided on the Site (collectively, "Services"). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You ("Subscriber" or "You") under the following terms and conditions:
1. Access to the Services
Subject to the terms and conditions of this Agreement, Tackk may offer to provide the Services, as described more fully on the Site, and which are selected by Subscriber, solely for Subscriber's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Tackk performs for Subscriber, as well as the offering of any Content (as defined below) on the Site. Tackk may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Tackk may also impose limits on certain features and services or restrict Subscriber's access to parts or all of the Services without notice or liability. Tackk reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site and by providing notice via e-mail, where possible, or on the Site. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.
Subscriber certifies to Tackk that if Subscriber is an individual (i.e., not a corporate entity), Subscriber is at least 13 years of age. No one under the age of 13 may provide any personal information to or on Tackk (including, for example, a name, address, telephone number or email address). If you believe that a child has provided Tackk with personally identifiable information, please contact us at email@example.com. If Tackk becomes aware that a child under age 13 has provided us with personally identifiable information, we will delete such information.
You agree that neither Tackk nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the service, your Subscriber Content or other Content. Tackk retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Site Content
The Site may only be used in accordance with the terms of this Agreement. Tackk does not claim ownership of your content, but you give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the service or remain an account holder. The account holder represents or warrants that they are the owners of any Content they post and they are not posting any Content that infringes anyone's copyright or other intellectual property rights. If your Tackk is public, we reserve the right to use it for marketing or promotion purposes (e.g. as an example on our edu landing page). If your Tackk is marked as private, we will not use or share the content in any case. All trademarks, service marks, and trade names are proprietary to Tackk and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Subscriber may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained, and such use does not violate any intellectual property rights in the Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Tackk, or from the copyright holder identified in such Content's copyright notice. In the event You download software from the Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the "Software") is licensed to You by Tackk or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. You may own the Subscriber Content on which the Software is recorded, but Tackk or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
3. Subscriber Content
Subscriber shall own all Subscriber Content that Subscriber contributes to the Site, but hereby grants and agrees to grant Tackk a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so ("Content License") in order to provide the Services. On termination of Subscriber's membership to the Site and use of the Services, Tackk shall make all reasonable efforts to promptly remove from the Site and cease use of the Subscriber Content; however, Subscriber recognizes and agrees that caching of or references to the Subscriber Content may not be immediately removed. Subscriber warrants, represents and agrees Subscriber has the right to grant Tackk and the Site the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner's permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Tackk reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber's right to use the Services at any time, or pursue any other remedy or relief available to Tackk and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Tackk is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
The Site offers a platform that allows users to organize and attend face-to-face meetings at restaurants, bars and other venues all over the world ("Meetups"). However, Tackk does not sponsor, oversee or in anyway control Meetups. You understand and agree that you organize and participate in Meetups at your own risk and Tackk does not bear any responsibility or liability for the actions of any Tackk users or any third parties who organize, attend or are otherwise involved in any Meetups. To the fullest extent permitted under applicable law, Tackk disclaims all liability, regardless of the form of action, for the acts or omissions of other Tackk users or any other third party and will not be liable for any damages, direct, indirect, incidental and/or consequential arising out of your organization or attendance at a Meetup or your interactions with any Tackk user or third party you meet at such events.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber's right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Tackk user. Subscribers may sell goods, services or other items to other Subscribers through the Website. Many laws, regulations and policies, in a variety of jurisdictions, regulate the goods and services that may be bought and sold. Each Subscriber is responsible for complying with all applicable laws, regulations, or restrictions on items, services, or manner of sale, payment or exchange, that may apply to transactions in which they participate - including, but not limited to, those imposed by the state of Ohio, where Tackk physically resides. We encourage you to research the applicable laws and regulations that may apply to your usage of and activities on and relating to the Website.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.
6. Warranty Disclaimer
Tackk has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Tackk has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or subscriber who posted the Content. Tackk does not monitor the Content of the Site and takes no responsibility for such Content. Subscriber releases Tackk from all liability for Subscriber having acquired or not acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Tackk makes no representations concerning any content contained in or accessed through the Site, and Tackk will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Although Tackk and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither Tackk nor the Site is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your Subscriber Content.
The Services, Content, Site and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Tackk makes no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, Tackk disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that Tackk is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.
7. Third Party Websites
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Tackk or the Site. Unless explicitly otherwise provided, neither Tackk nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Tackk and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or Tackk with respect to such sites and third party content.
8. Registration And Security
As a condition to using Services, Subscriber may be required to register with Tackk and select a password and Tackk user ID. Subscriber shall provide Tackk with accurate, complete, and updated registration information, including Subscriber's e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a Tackk user ID a name of another person with the intent to impersonate that person; or (b) use as a Tackk user ID a name subject to any rights of a person other than Subscriber without appropriate authorization. Tackk reserves the right to refuse registration of, or cancel a Tackk user ID in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Tackk password. Subscriber is solely responsible for any use of or action taken under Subscriber's password and accepts full responsibility for all activity conducted through Subscriber's account and agrees to and hereby releases the Site and Tackk from any and all liability concerning such activity. Subscriber agrees to notify Tackk immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber's account or password. The Site will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications,but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold Tackk, its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber's access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
10. Limitation Of Liability
In no event shall Tackk, its directors, officers, shareholders, employees or members be liable with respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, nonperformance of the Site, errors or omissions; or (d) damages related to downloading or posting Content. Tackk's and the Site's collective liability under this agreement shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.
11. Fees And Payment
Purchases from Tackk
Some of the Services require payment of fees. All fees are stated in U.S. dollars. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site. Subscriber represents to Tackk that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided "AS IS" with no warranties of any kind. Tackk may modify and/or eliminate such fee-based Services at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Site. Tackk may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
Purchases from Subscribers, Sponsors and/or Business Partners
You may purchase items from sponsors, business partners or other Subscribers found on or through the Site. Your transactions with such sponsors, business partners or Subscribers, including payment and delivery of related goods or services, and any other terms, warranties, or representations associated with such transactions, are solely between you and such sponsor, business partner and/or Subscriber. You agree that Tackk will not be liable for any loss or damage of any sort incurred as the result of any transactions with sponsors, business partners or Subscribers appearing on the Site, and all such transactions shall be at your sole risk.
Tackk may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber's right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Tackk or the Site, including without limitation any indemnification obligations contained herein.
15. Copyright Policy
Tackk has adopted the following policy toward copyright infringement with respect to the Site in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf. The email address of Tackk's Designated Agent for copyright takedown notices ("Designated Agent") is listed below.
Reporting Copyright Infringements
If You believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Tackk is capable of finding and verifying its existence.
- Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party's physical or electronic signature.
After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Tackk shall:
- Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Site.
- Tackk will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.
- Tackk reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.
Filing Copyright Counterclaims
A subscriber who believes they are the wrongful subject of a copyright takedown notice, may file a counter notification with Tackk, by providing the following items in writing to the Designated Agent at the address below:
- The specific URLs of material that Tackk has removed or to which Tackk has disabled access.
- User's name, address, telephone number, and email address.
- A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- User's signature.
Upon receipt of a counterclaim, Tackk will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Tackk does not receive any such notification within 10 days, we may restore the material to the Site.
Tackk Designated Agent: [support] Thank you!