Introduction. These Terms of Use ("Terms") govern your access to and use of the services on this site (the "Services"), and any information, text, graphics, photos or other materials posted, uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.  By accessing or using the Services you agree to be bound by these Terms.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE. By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

You may access this site and use the Services only if you can form a binding contract with Tag-N-Brag.com and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

We anticipate that this site and the Services that Tag-N-Brag.com provides will evolve and the form and nature of the Services that provided may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Right To Use. Your right to use the site and the Services is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Services at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability and for any reason.

Content you Post. You are solely responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof.  The Content you submit, post, or display will be able to be viewed by other users of the Services.  You should only provide Content that you are comfortable sharing with others under these Terms.

Content on Site/Services. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We are not obligated to monitor and may not monitor or control the Content posted on this site via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using this site and the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.  Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 this site or via the Services or broadcast elsewhere.

Code of Conduct.  In addition to all other Terms set forth in this agreement, you agree to strictly use this site and the Services in accordance with the following Code of Conduct:

1. You shall comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
2. You shall provide accurate information to us and update it as necessary;
3. You shall review and comply with our Privacy Policy;
4. You shall review and comply with notices sent by us concerning the Services;
5. You shall not act dishonestly by posting inappropriate, inaccurate, or objectionable content;
6. You shall not publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field);
7. You shall not create a user profile for anyone other than a natural person;
8. You shall not harass, abuse or harm another person, including sending unwelcomed communications to others using this site or the Services;
9. You shall not use or attempt to use another's account without authorization from the that person, or create a false identity on this site;
10. You shall not upload, post, email, transmit or otherwise make available or initiate any content that:
    
    -Falsely states, impersonates or otherwise misrepresents your identity; or
    
    -Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; or
    
    -Includes information that you do not have the right to disclose or make available under any law or under contractual obligation; or
    
    -Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; or
    
    -Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Tag-N-Brag.com or any User of Tag-N-Brag.com.
11. You shall not everse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
12. You shall not utilize or copy information, content or any data you view on and/or obtain from us to provide any service that is competitive, in our sole discretion, with us;
13. You shall not remove, cover or otherwise obscure any form of advertisement included on this site;
14. You shall not share information of other users or non-users without their express consent; or
15. Attempt to or actually override any security component included in or underlying this site.

Your Rights.  You retain your rights to any Content you submit, post or display on or through the Services.  By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, irrevocable, perpetual, unlimited, assignable, fully paid-up, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, remove, retain, analyze, use, display and distribute such Content in any and all media or distribution methods (now known or later developed) without any further consent, notice, and/or compensation to you or to any third parties. You agree that this license includes the right for us to make such Content available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your profile information accurate and updated.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the site and the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by us or our partners and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content by us in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Tag-N-Brag.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the site and the Services as provided by us, in the manner permitted by these Terms.

Restrictions on Content and Use of the Site and Services.  We may restrict, suspend, or terminate the account of any user who abuses or misuses this site or the Services.  We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We may, in our sole discretion, terminate or suspend your access to all or part of the site and the Services at any time, with or without notice, for any reason, including, without limitation, breach of this agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Services or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies. You hereby acknowledge and agree that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tag-N-Brag.com, its users and the public.

Privacy Policy. Any information that you provide to this site or Tag-N-Brag.com is subject to our Privacy Policy which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.  As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

Passwords.  You are responsible for safeguarding the username and password that you use to access the Services and for any activities or actions under your username password.  We encourage you to use "strong" passwords with your account.  If you become a registered user of this site, then you are responsible for maintaining the confidentiality of your username and password information, and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your username and password or from your computer.  We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. In addition obligations recited in this section above, you specifically agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other users’ accounts; (4) refrain from selling, trading, or otherwise transferring your account to another party; and (5) refrain from charging anyone for access to any portion this site. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.

User Conduct. You agree to use the site and the Services only for lawful purposes. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Services, or content posted by other users. You agree not to add to, subtract from, or otherwise modify the Content posted by other users, or to attempt to access any Content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties.

Interactions with other Users of this Site.  YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USER ON THIS SITE. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR INTERACTION WITH ANY CURRENT OR FUTURE USER.  IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USER OF THE SERVICES.

Third Party Links.  In an attempt to provide increased value to our visitors, this site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. However, even if the third party is affiliated with Tag-N-Brag.com, Tag-N-Brag.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tag-N-Brag.com. You hereby agree Tag-N-Brag.com has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you hereby acknowledge sole responsibility and risk arising from your access and use of any such web sites.  Links do not imply that Tag-N-Brag.com sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such web sites. Nonetheless, Tag-N-Brag.com seeks to protect the integrity of its site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well. You should contact the site administrator or webmaster for such other sites if you have any concerns regarding such links or the content located on such other sites.

Tag-N-Brag.com Intellectual Property Rights.  All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Tag-N-Brag.com. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.  Nothing in the Terms gives you a right to use the Tag-N-Brag name or any of the trademarks, logos, domain names, and other distinctive brand features of Tag-N-Brag.  Any feedback, comments, or suggestions you may provide regarding Tag-N-Brag.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright Policy.  Tag-N-Brag.com respects the intellectual property rights of others and expects users of the site and Services to do the same.  We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.  If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account or profile if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the site or Services is:

Tag-N-Brag.com

Street Address

City, State, Zip Code

County

Email Address

Services are Available “AS IS”.  Your access to and use of this site, the Services, or any Content is at your own risk.  You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.

Disclaimers.  Tag-N-Brag.com makes no warranties or representations about the accuracy, availability, completeness, timeliness, security, or reliability of this site, the Services, or any content thereon. Tag-N-Brag.com does not filter content that children may view through our site, and they could receive content and materials from the Internet that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software. Tag-N-Brag.com will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Tag-N-Brag.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TAG-N-BRAG.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TAG-N-BRAG.COM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAG-N-BRAG.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation Of Liability. IN NO EVENT SHALL TAG-N-BRAG.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF TAG-N-BRAG.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.  You understand and agree that you are personally and solely responsible for your use, activity and behavior on this site.  You indemnify Tag-N-Brag.com and its parent companies, subsidiaries, affiliates, divisions, partners, employees, agents, managers, shareholders, members, directors, officers, principals, agents, employees, representatives, predecessors, successors in interest, heirs and assigns, and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, (3) any activity in which you engage on or through this site, and (4) your use, misuse, or inability to use this site, or the Services.

Waiver.  The waiver by Tag-N-Brag.com of a breach or default of any term or provision of these Terms shall not be construed to be a waiver of any prior or subsequent breach or default of these Terms, and shall not affect the subsequent enforcement of these Terms.

Severability.  If any part of these Terms shall be found to be void, invalid, unenforceable, or contrary to law by a court of competent jurisdiction, any such part shall be deemed severable from the remainder of these Terms, and all other parts of these Terms shall continue to remain in full force and effect as if the severable part had never been a part of these Terms.

Governing Law.  These Terms shall be governed by, controlled by, and construed in accordance with the substantive and procedural laws of the State of Ohio, without regard to its Conflict of Laws provisions.

Jurisdiction/Venue. Any dispute arising under these Terms and agreement that cannot be resolved by good faith business negotiations shall be resolved in the courts of the State of Ohio sitting in the County of Cuyahoga, either the state or federal courts therein (“Courts”), and parties hereto consent to the jurisdiction of such Courts, agree to accept service of process by regular mail, and waive any and all claims that such Courts do not have personal jurisdiction over them, that such Courts do not have subject matter jurisdiction to hear any dispute arising out of this Agreement, that venue is not proper in such Courts, or that Courts are an inconvenient or improper forum.

Arbitration Option.  Notwithstanding any other Terms hereof, by using this site, you agree that Tag-N-Brag.com, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of Ohio as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

English Language Controls.  In the event that this Agreement, the Privacy Policy, and/or any other documentation is translated into a language other than the English language, you agree that the translation may be provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation will govern your use of this site and your relationship with Tag-N-Brag.com

Future Amendment/Modification of Terms.  Tag-N-Brag.com hereby reserves the right, and may revise these Terms, conditions, notices, provisions, and notices at any time by updating this posting.  You are responsible for regularly reviewing these terms and conditions. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.

Entire Agreement.  This agreement contains the entire understanding between Tag-N-Brag.com and you with respect to the access and use of this site, the Services, and any Content, and hereby supersedes any and all prior agreements or understandings, whether written or oral, or whether established by custom, practice, policy, or precedent with to the subject matter hereof.  No subsequent agreement between the parties hereto shall in any way modify this agreement unless such subsequent agreement specifically mentions this agreement and expressly states that it modifies the obligations of the parties hereto.