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Términos y condiciones

IMPORTANT – PLEASE READ CAREFULLY

This agreement, and any future revisions, between Tagged4U and you, covers all your use of Tagged4U services. By visiting www.Tagged4U.com , whether or not you register as a user, you accept the following terms and conditions.

Nothing in this agreement will give you any right to use Tagged4U promotional materials.

Your confidential information and your privacy. Tagged4U is committed to respecting your privacy and the confidentiality of your personal information. The Privacy Policy describes how Tagged4U may use your personal information, the traffic data and the content contained in your communication(s).

What you should and should not expect from Tagged4U

No warranties. Registering at Tagged4U enables you to be contacted anonymously by email and, if you choose, also by cell phone text messages/SMS. Your e-mail address, cell phone number or any other personal information is not shown. Anybody finding an item with a Tagged4U tag y(which has been registered in your account) will be able to contact you through our website,  in order to make arrangements with you for the return of that specific object. We do not take part in any communication between you and others, therefore we are not responsible under any circumstances, for the return of the lost item, the terms of the agreement to return the item, or any other consequences. Tagged4U does not provide any warranty for the return of the lost item.

Tagged4U will not be liable for any damages (including without limitation, damages or loss of profits) arising in contract, tort or otherwise, from your use, or inability to use, the website or any content, or from any action taken (or refrained from being taken) as a result of using the website or any content.

Tagged4U cannot guarantee that you will always be able to communicate with other Tagged4U users, nor can Tagged4U guarantee that you will be able to communicate without delays or communication-related flaws, or that all your communications will always be delivered to other Tagged4U users. Tagged4U will not be liable for any such disruptions, delays or other omissions in any communication

Tagged4U will make its best efforts to ensure that its server is always available for the transmission of emails and text messages/SMS, the maintenance of its database security and the overall operation of the website. However, any failure of the server to provide these services is beyond our control and the company cannot therefore be held liable for any failure or disruption to the service.

Each Tagged4U.com Tag is sold with 1 Year of web services beginning on the registration date. Tags must be activated within 1 year from the tag’s original date of purchase. Before the expiration date of each Tag ID’s registration period, it will be possible to extend it for 1, 3 or 5 years at the prices indicated on the  “Your Account” page. These prices may change without notice.

The published prices will cover a maximum of 5 Tag ID’s per account.. If more then 5 Tag ID’s are registered in a single account,  the registration renewal price will apply for each subsequent multiple of 5 tags.. For example, 1 to 5 Tag ID’s can be renewed at the published price; 6-10 Tag ID’s can be renewed at the published prices times 2 (double the published price); 11-15 Tag ID’s can be renewed at the published price times 3 (triple the published price); and so on.

Tags must be registered within 1 (one) year from the date of purchase. After that time period, r the relevant tag ID could be deactivated.

Content of Communications. You acknowledge and understand that the content of the communication resulting from the use of the Tagged4U service is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. Tagged4U will not be liable for any type of communication resulting from the use of Tagged4U services.

Tagged4U, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Tagged4U Services. Tagged4U, in its sole discretion, may modify or discontinue or suspend your ability to use any Tagged4U Service.

Tagged4U.com neither guarantees nor insures the return of any lost item or the condition of any lost item that may be returned to you.

Tagged4U.com is not an insurance, surety, bonding or indemnity company. Insurance should be purchased from such a company for every item that you want insured..

Tagged4U.com has not made any express or implied warranty concerning the return or condition of any lost item.

Tagged4U.com shall have no liability whatsoever for any damages, including without limitation, actual and consequential damages, that you may sustain or incur as a result of the delivery or non-delivery of any lost item.

Tagged4U.com shall not be liable if, through fraud, deceit or other means, a person or persons falsely claiming to have lost a particular item, obtains said item through use of this Website.

The services offered by this site are subject to, and limited by, the federal, state, provincial, municipal and local laws of your jurisdiction.

Tagged4U.com shall not be liable for any reward or compensation whatsoever for the finder of any lost object.

What we expect from you. Lawful intentions. You will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Tagged4U Services in your country. Accordingly, you may not, without limitation, (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication not permitted by applicable law, (c) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable or (d) endanger any part of any system or internet connection of Tagged4U or any third party.

Indemnification. You agree on demand to indemnify, defend and hold Tagged4U, affiliates and Tagged4U staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Tagged4U Services, or (d) communication resulting from the use of the Tagged4U Services.

 

Term, Termination, Updates

Term. This Agreement will be effective as of the date you first register or visit Tagged4U.com and will remain effective until terminated by either Tagged4U or you as set forth below.

Termination You may terminate this Agreement with immediate effect at any time. Without limiting other remedies, Tagged4U may limit, suspend, or terminate this license and your use of Tagged4U Services, prohibit access to the Tagged4U Website and delete your user account, with immediate effect, if we think that you are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Tagged4U shall effect such termination by providing notice to you to the email address you have provided (if any), and/or by preventing your access to your account.

Tagged4U will not be liable for any damage caused by the termination of this Agreement.

Updates. Tagged4U reserves the right to modify this Agreement at any time by publishing the revised Agreement on the Tagged4U Website. The revised Agreement shall become effective within thirty (30) days of such publication or provision to you, unless you expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or your continued use of the Tagged4U Services after expiry of the notice period of thirty (30) days, shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement.

 

Disclaimer of Warranties and Limitation of Liability

No warranties. THE TAGGED4U SERVICE IS PROVIDED “AS IS” WITH ALL FAULT AND WITH NO WARRANTIES WHATSOEVER; TAGGED4U DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE TAGGED4U SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. TAGGED4U FURTHER DOES NOT REPRESENT OR WARRANT THAT THE TAGGED4U SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES TAGGED4U WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Tagged4U Services remains with you, to the maximum extent permitted by law.

No Liability. The Tagged4U Service is being provided to you considering YOU ACKNOWLEDGE AND AGREE THAT TAGGED4U, ITS AFFILIATES, ITS LICENSORS AND THE TAGGED4U STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE TAGGED4U SERVICE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE TAGGED4U SERVICE IS TO IMMEDIATELY CEASE USE OF SUCH TAGGED4U SERVICE.

Limitation of Liability. IN NO EVENT SHALL TAGGED4U, ITS AFFILIATES, ITS LICENSORS OR THE TAGGED4U STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE TAGGED4U SERVICE, EVEN IF TAGGED4U, ITS AFFILIATES OR THE TAGGED4U STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.

Miscellaneous

Tagged4U.com means that:
- Tagged4U.com web services and activities are operated by Ardob GmbH, under the laws of Switzerland, having its registered office at 37, Rainstrasse – 6314 Unteraegeri, Switzerland.
- Tagged4U.com tags and objects are sold by T4U GmbH, under the laws of Switzerland, having its registered office at 37, Rainstrasse - 6314 Unteraegeri, Switzerland. The shipment for any order received may have its origin from Switzerland or any other country where it will be best to have our logistic centers.

Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between you and Tagged4U with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

Partial Invalidity. Should any term or provision hereof be deemed invalid, void or  unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

No waiver. If Tagged4U does not take action against all breaches of this Agreement, it does not mean that it waives its right for enforcement at a later time.

Assignment. You are not allowed to assign this Agreement or any rights hereunder. Tagged4U is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party, without giving prior notice.

Applicable Law and Competent Court. This Agreement shall be governed by and construed in accordance with the laws of Switzerland without giving effect to any conflict of laws or provisions whether contained in Switzerland law or the laws of your current state or country of residence. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the district of Zug, Switzerland.

Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

© Tagged4U – Last revised: 30th August 2008.