Terms and Conditions for TAG-N-TRACE Website Usage

These Terms and Conditions contain legal obligations. Please read them carefully.

1. NON DISCRIMINATION.
Tag-N-Trace does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

2. INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Tag-N-Trace makes every effort to ensure, but does not guarantee, the accuracy or completeness of the information on its website. Our goal is to keep this information timely and accurate. If errors are brought to our attention, we will try to correct them. Tag-N-Trace may add, change, improve, or update the information of the website without notice. Tag-N-Trace reserves its exclusive right in its sole discretion to alter, limit or discontinue part of this site. Under no circumstances shall Tag-N-Trace be liable for any loss, damage, liability or expense suffered which is claimed to result from use of this site, including without limitation, any fault, error, omission, interruption or delay. Use of this site is at User’s sole risk.

3. QUESTIONS
Please direct any legal questions to:
Tag-N-Trace
3 rue des Plantaporrêts
CH 1205-Geneva
info@tag-n-trace.com

4. ACCEPTANCE
By using the Tag-N-Trace Service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any website where the Tag-N-Trace Service is found.

5. CONDITIONS AND RESTRICTIONS OF USE

A. Termination.
Use of the Tag-N-Trace Service is subject to compliance with these Terms and Conditions. You acknowledge and agree that Tag-N-Trace may terminate and/or suspend your access to any portion of the Tag-N-Trace Service should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Tag-N-Trace.   Any such termination or suspension shall be in Tag-N-Trace’ sole discretion and may occur without prior notice, or any notice. Tag-N-Trace further reserves the right to terminate or suspend any user’s access to Tag-N-Trace or to any portion of the Tag-N-Trace Service for any conduct that Tag-N-Trace, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Tag-N-Trace or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any national or foreign laws or regulations. Tag-N-Trace further reserves the right to terminate or suspend any user’s access to the Tag-N-Trace Service for any reason or for no reason at all, in Tag-N-Trace’ sole discretion, without prior notice.

B. Registration.
Certain of the Tag-N-Trace Services require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information you provide is true, accurate, current, and complete  as required by various Tag-N-Trace registration forms and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tag-N-Trace has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tag-N-Trace has the right to suspend or terminate your account and refuse any and all current or future use of the Services. All Tag-N-Trace registrations become the exclusive property of Tag-N-Trace, its affiliates, successors in interest, and subsidiaries. Tag-N-Trace reserves the right to use and reuse all registration and other personally identifiable user information. For those portions of the Tag-N-Trace Service that require registration, upon registering, you will receive a fingerprint recognition system (manufacturers) or a password (professional users). You are responsible for maintaining the confidentiality of the fingerprint, password and ID, and are fully responsible for all activities that occur under your fingerprint, password or ID. You agree to (a) immediately notify Tag-N-Trace of any unauthorized use of your fingerprint, password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tag-N-Trace cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

C. Content Not Screened or Error Free.
You acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that Tag-N-Trace does not screen or review published content on the Service to determine whether it contains false or inaccurate material, or material which contains errors or omissions.
Under no circumstances will Tag-N-Trace be liable in any way for any user or other third party Content, including, but not limited to, for any false information, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. Tag-N-Trace does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the Tag-N-Trace Service contains false material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:

Tag-N-Trace
3 rue des Plantaporrêts
CH 1205-Geneva
By Phone: +41 22 7381311
By Fax: +41 22 7381346
By E-Mail: info@tag-n-trace.com

We make every effort to minimize disruption caused by technical errors. However some data or information on our site may have been created or structured in files or formats which are not error-free and we cannot guarantee that our service will not be interrupted or otherwise affected by such problems. Tag-N-Trace accepts no responsibility with regards to such problems (failure of performance, computer virus, communication line failure, alteration of content, etc.) incurred as a result of using this site or any link to external sites.

D. User Agreement Not to Circumvent Publishers’ Ownership Rights.
You acknowledge and agree that your rights to view the publisher content that you access on or through the Tag-N-Trace Service are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself.   Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the Tag-N-Trace Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other “white pages” products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.   You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.

E. Prohibited Conduct.
In addition to the above, you agree that you will not use Tag-N-Trace Services to:

  • Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  • Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way.
  • Collect or store personally identifying information about other users for commercial or unlawful purposes.
  • Impersonate any person or entity, including, but not limited to, a Tag-N-Trace official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
  • Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

1. Making available copyrighted software or other Content that has had the copyright protection removed.
2. Making available serial numbers for software that can be used to illegally validate or register software.
3. Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
4. Making available any software files for which the user does not own the copyright or have the legal right to make available.

  • Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
  • Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or Tag-N-Trace.
  • Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
  • Fail to complete any transaction after submitting an order to purchase any goods or services, subject to any specific terms and conditions governing such transactions, or submit any order to purchase goods or services where you do not intend to complete the transaction.
  • Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
  • Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items:
  • Any firearms, explosives, or weapons.
  • Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
  • Any alcoholic beverages.
  • Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
  • Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
  • Any controlled substances or pharmaceuticals.
  • Any items that are counterfeit or stolen.
  • Any dangerous items.
  • Any goods or services that do not, in fact, exist.
  • Any registered or unregistered securities.
  • Any items that violate or infringe the rights of other parties.
  • Any items that you do not have the legal right to sell.
  • Any items where doing so through Tag-N-Trace or the Service would cause Tag-N-Trace to violate any law.

You expressly acknowledge and agree that Tag-N-Trace may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Tag-N-Trace, its users and the public. You acknowledge and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Tag-N-Trace with regard to its users may be disclosed in accordance with the laws in force.

Tag-N-Trace also may suspend or terminate any user account for any Service because of user inactivity. For example, a Tag-N-Trace account may be terminated or suspended if a user fails to sign-in to the Tag-N-Trace Service for an extended period of time. What is considered “user inactivity” varies depending on the Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Service immediately ceases.

F. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.
Tag-N-Trace respects the intellectual property of others. Tag-N-Trace does not, however, independently confirm that all Content made available through the Tag-N-Trace Service is provided by a valid rights holder.   In the event that Tag-N-Trace becomes aware that Content published on or through the Tag-N-Trace Service has been provided by a person who is not a valid rights holder, Tag-N-Trace may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content.   If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Tag-N-Trace’s Copyright Agent and/or General Counsel the following information:

  • an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located or found on the Website or Service;
  • your address, telephone number and, if available, an email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Claims of copyright or other intellectual property infringement should be sent to Tag-N-Trace by e-mail, fax as follows:

By Mail:
Tag-N-Trace
3 rue des Plantaporrêts
CH 1205-Geneva
By Phone: +41 22 7381311
By Fax: +41 22 7381346
By E-Mail: info@tag-n-trace.com

For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.

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