TagTeam terms of service
Effective Date: May 20, 2014
These Terms of Service (the "Agreement") constitute an agreement between you and TagTeam and govern your use of www.tagteam.harvard.edu and any other functionality or services offered by TagTeam (collectively, the "Services"). Please read the terms contained in this Agreement carefully. Your use of any aspect of the Services constitutes your acceptance of the terms contained in this Agreement. If you cannot agree with the terms contained in this Agreement, please do not use the Services.
1.1. TagTeam may change the terms of this Agreement from time to time and will post any changes to this page, so please check back often to ensure that you are aware of the terms that govern your use of the Services. Your continued use of the Services following the posting of such changes will constitute your assent to all such changes. The date of the most recent revisions will appear on this page.
1.2. This Agreement applies solely to the instance of the software located at www.tagteam.harvard.edu, and does not apply to any other instances of the software. If you make available a copied, modified, or derivative version of the software, please draft your own terms to govern that use.
3.1. In order to use some features of the Services, you will need to register with TagTeam and create an account. If you were previously banned or had your account revoked for violating this Agreement, you may not register for another account.
3.2. If you set up an account with TagTeam, you will be solely responsible for maintaining the confidentiality and security of your password and account. You are solely responsible for all usage or activity on your account including but not limited to use of the account by any other person, with or without authorization. If your password is lost or stolen, or if you become aware of unauthorized use of your account, please email us at email@example.com.
3.3. TagTeam allows users to create and join “hubs” or social-tagging projects. In order to share tags effectively among project participants, hubs often need to use a standard vocabulary. By creating an account and joining any hub, you expressly authorize TagTeam, the hub owner, or the hub owner’s designee(s), to edit and modify your tags, inter alia, to ensure consistency and use of such a standard vocabulary.
4. The Services are intended for adults, and TagTeam does not specifically collect information from children under 13 years old. If we learn that TagTeam has collected information from a child under the age of 13, we will delete that information promptly.
5. TagTeam relies on collaboration and may require some level of communication to remain effective. The manager of a hub in which you participate may occasionally need to contact you about a project, and TagTeam developers may also need to send you information or updates related to the Services. By creating a TagTeam account, you expressly consent to receive Service-related emails from TagTeam and communication from the managers of any hubs in which you participate.
Content Ownership and Licensing
6.1. Subject to your full compliance with this Agreement, TagTeam grants you a nonexclusive, nontransferable, nonsublicensable, revocable, limited license to use the Services.
6.2. The TagTeam software is copyrighted by the Presidents and Fellows of Harvard College and is licensed to you under the Affero General Public License. This means that you have the rights, for example, to copy, modify and distribute the software for personal or commercial use, so long as it is done under the same license.
6.3. Some portions of the Services may provide you with the ability to link to, upload, and post content, such as by entering a description of content you tag, while using the Services ("User Content"). You retain ownership of original User Content that you submit. By submitting User Content to the Services, you grant TagTeam a perpetual, irrevocable, world-wide, non-exclusive, fully paid-up, sublicensable, and transferable license to use, copy, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, or display your User Content in any medium (now in existence or hereinafter developed) and for any purpose, including for commercial and marketing purposes, and to authorize others to do so. You agree that this license includes the right for TagTeam to allow other users to, for example, copy, distribute, display and perform your User Content.
6.4. You represent and warrant that you have all rights necessary to upload, post, or link your User Content to the Services and to make the grant of rights to TagTeam described in Section 6.3. TagTeam will not be liable for any use of your User Content in accordance with this Agreement.
6.5. Any feedback, comments or suggestions that you may provide regarding TagTeam or the Services is entirely voluntary and you agree that TagTeam may use such feedback, comments or suggestions without any obligation to you.
6.6. TagTeam may also collect, store and otherwise use data (other than User Content) that is created through the Services, including metadata about content available through the Services, such as the date on which such content is tagged (“TagTeam Data”). To the extent the TagTeam Data is copyrightable by TagTeam, TagTeam releases that data to the public domain through a CC0 Public Domain Dedication. To the extent that you can claim any copyright in TagTeam Data created through your use of the Services, you hereby release that data to the public domain through a CC0 Public Domain Dedication.
6.7. TagTeam owns and retains all rights in and to the TagTeam mark, logos, and any other distinctive brand features.
Rules of Usage
7.1. Your use of the Services is subject to the following restrictions and obligations:
- a. You may not provide or post on or through the Services any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, or commercial offers.
- b. You agree not to provide or post any material that is obscene, indecent, offensive, defamatory, violent or illegal through the Services.
- c. You agree to comply with all applicable local, federal, and national laws and regulations when you use the Services.
- d. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other materials you provide or post through the Services do not violate the privacy, copyright, trademark, trade secret, publicity right or any other personal or proprietary rights of any person or entity.
- e. You agree not to harass other users or impede or interfere with others’ use of the Services by disrupting, overwhelming, attacking, or interfering with the Services or its associated software, hardware, or servers, or by masquerading as an administrator while using the Services or otherwise.
7.2. You are solely responsible for your User Content. TagTeam reserves the right, but is not obligated, to monitor your usage of the Services, and to review, edit, move or delete any User Content without notice, at any time and for any reason, including without limitation that the content violates this Agreement. For example, TagTeam reserves the right, in its sole discretion, to delete, move or edit any User Content that it finds to be unacceptable or inappropriate, whether for legal or other reasons.
8.1. TagTeam respects the intellectual property of others, and we ask our users to do the same. TagTeam may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users who infringe the copyrights of others.
8.2. If you believe that your work is accessible on the Services in a way that constitutes copyright infringement, please follow the procedures outlined here in order to send a notice to the appropriate Digital Millennium Copyright Act agent.
Termination or Suspension of Accounts and Access to Services
9.1. TagTeam has the right to terminate or suspend your account or your ability to access any part of the Services for any or no reason, without notice, at any time.
9.2. You may choose to delete your account by emailing firstname.lastname@example.org.
9.3. TagTeam may change, suspend or discontinue any part of the Services including any content offered through the Services for any reason, at any time, in its sole discretion. TagTeam may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Comments or Actions by Others Are Not Endorsed by TagTeam
10. TagTeam does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted or otherwise provided by any individual or other entity through the Services. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of TagTeam or its third party service providers. You agree that TagTeam and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
Third Party Services
11.1. Certain functions of the Services may allow you to link to or provide you access to functions, content, sites, or services operated by third parties (collectively, "Third-Party Services"). Those Third-Party Services are subject to the terms and conditions and privacy policies of the third parties that provide them, and TagTeam is not responsible for the privacy practices, content, or functionality of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of Third-Party Services.
11.2. TagTeam does not endorse the content of Third-Party Services and is not responsible for the content or actions of such sites or services. Visiting any such sites or services is at your sole risk.
12. You agree to indemnify TagTeam and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys' fees) arising out of or related to your breach of this Agreement, your breach of your representations, warranties or obligations under this Agreement, or your use of the Services.
Disclaimer of Warranty
13. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS," AND TAGTEAM, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICES. TAGTEAM, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
Limitation of Liability
14. TAGTEAM, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF TAGTEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. The Services are offered by TagTeam from its facilities in the United States. TagTeam makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services are responsible for compliance with local law.
Choice of Law and Venue
16. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to contracts to be wholly performed therein, without regard to its conflict of laws provisions. You agree that any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Suffolk County, Massachusetts. In addition, you agree to submit to the exclusive personal jurisdiction and venue of such courts.
Choice of Language
17. In the event of a conflict between a translated version and this English version of this Agreement, this English version will govern.
18. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and TagTeam's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
19. To the extent that any provision of this Agreement is deemed invalid or unenforceable or is deemed to affect the validity or enforceability of any other part of this Agreement for any reason, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement shall remain in full force and effect.
Parental Control Protections
20. Pursuant to 47 U.S.C. Section 230 (d) as amended, TagTeam hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
21. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements relating to the use of the Services.