TagFi, also referred to as “There’s A Group For It”, TagFi Inc., provides services to you subject to the following terms and conditions. If you visit, participate, join or create groups through our mobile app, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of participation, among other terms that may affect your legal right. At any time if we update the agreement, we will post the latest dates of the agreement on top of this page. Please review the most updated version of Terms and Conditions
By continuing to use our platform, you consent to the Terms and Conditions set forth. If you do not agree to the terms, please discontinue use of the platform immediately.
YOUR ACCEPTANCE OF THE TERMS
- TagFi Platform
- Our Platform facilitates the formation of real physical, face-to-face groups, wherein TagFi users can join and create live groups. Additionally, users can message, share, and use other technology within our platform to facilitate the formation of live meets. Users are also provided resources to choose their meeting location.
- TagFi Membership:
- You must be 18 years of age or older to use our platform. Our Platform is not available to any temporarily or indefinitely
suspended TagFi users. By registering to use our Platform, you represent and warrant that you are at least 18 years of age. Additional eligibility requirements for a particular TagFi Group may be set by the group creator.
- We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
- TagFi Groups and Group activities
- TagFi facilitates the formation of physical and sometimes instant meets at venues that include, but are not limited to, public parks, private homes or private businesses (such as cafes, or restaurants and other relevant facilities). TagFi and its team
members do not supervise any of these activities. As a result, we have no control over the identity or actions of the individuals who are present at these TagFi group activities. Please use caution and good judgment when attending these Group meetings and/or activities.
- You agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and Creators and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a TagFi Gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver
- TERMS AND AGREEMENT:
- Your permission to use the Sites and/or Services is conditioned upon your agreement that you:Will comply with these Terms, YOU:
- Will not impersonate another user of the Sites and/or Services
- will not provide fraudulent information
- Will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Are not prohibited by law from accessing our Sites and/or Services or have not previously been banned,
terminated or otherwise denied access to our Sites and/or Services by us;
- Will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Will not be obscene or use or contain, pornography, child pornography, or photographs of unclothed
- Will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- Will not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current email address, both at the time of creating an account with us and from time to time as your email address changes.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation your participation in or involvement with any TagFi Group or and your submission of acceptable Public Information. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside
These Terms constitute a binding legal agreement in electronic form between you (“you,” “your” and/or “yourself”) and TagFi, Inc. and its successors, subsidiaries, affiliates and family of brands (“TagFi,” “TagFi” “we,” “us” and/or “our”).
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product or a benefit offered via the Sites (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
You, (not TagFi), are entirely responsible for all information that you post, upload, email, transmit or make available or make public via our Platform. We do not control your Public Information or the Public Information posted by other users. Thus we do not guarantee the accuracy, integrity or quality of your information or the information posted by other users. We also do not endorse any opinions expressed by you or other users. By using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not take responsibility for your Information or information posted by other users. You agree that under no circumstances will TagFi its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information posted by other users, or for any loss or damage of any kind incurred as a result of the use of this information being posted, emailed, being made available in connection with our Platform.
- Grounds For Account Termination:
- Your account will immediately be terminated, removed, repealed and/or suspended if any of the following conditions apply:
- harm or intimidate another person in any way.
- impersonate anyone or any entity or falsely state or misrepresent your affiliation with any person, for example: use
of similar email addresses or creation of false account.
- harass another or Stalk
- advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations
unrelated to the topic or spirit of the TagFi Group.
- Other grounds for termination:
- resell Public Information or access to Public Information;
- collect or store personal data about other users; that is profane, harmful, threatening, abusive, defamatory, unlawful, intimidating, vulgar, obscene, invasive of another’s privacy, hateful, pornographic, or racially objectionable, including any material that may be considered hate speech; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party: that is unsolicited or unauthorized advertising; that is inappropriate or posted in bad faith, that uses the Platform primarily as a lead generator or listing service for another website; Encouraging others to violate this Agreement.
Note: TagFi reserves the right to remove any post or other material without warning or further notice.
You agree that you will not: Upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software and tat you will not upload disproportionately large load files on our infrastructure. -Copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information).
- Your Privacy
- Privacy of your name, email address and phone number:
- TagFi asks you to enter your full name, email address and password to create and account. This information is not to be used as public information. Your public profile will only display your first name and last initial. Neither your email address or your password is shared or public information. This information is for the sole purpose of creating and account for the TagFi platform. Your full name, email address, and password are stored in TagFi database for account purposes only.
- Your public profile will only display your first name and last initial, however, your known friends and/or your known contacts or other TagFi users can search for you on the TagFI database by your full name to invite you to become a TagFi member. Your name will still be displayed as first name, last initial but it is up to the known friend or known contact or TagFi member to identify you and invite you. You agree that TagFi / TagFi Inc., its affiliates and association will not be liable for any loss or damage arising from this identification. It is up to the you, as a TagFI member, to know that although only your first name and last initial are displayed, you can still be easily identified.
- Password and Security:
- Upon creating an account create a password that will allow you to access our Platform. Please maintain confidentiality of your password since you are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to notify us immediately of any unauthorized use of your password or any other breach of security. You agree that TagFi will not be liable for any loss or damage arising from your failure to comply with this Section.
- TagFi Fees and Payments:
- Creating and account and access to selected features of the TagFi platform is FREE.
- We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time of offer. If we introduce a new service or charge a new fee, we will notify you of the fees for that service before the launch of the service or fee. Fees and charges may include all applicable taxes for your continued use of the applicable service.
- Fees from Group Creators:
- Some groups creators may request fees for membership or participation. It is at your sole discretion to participate in these groups or to make payments to these group creators. You have the option to make voluntary contributions to particular Creators or Hosts. Fees assessed by Organizers or Group Creators are remitted to the Organizer or Group Creator and not to TagFi. Group creator may request any payment method ie: cash, check, Venmo, etc. you acknowledge that TagFi does not control the transaction, and that you bear all risk in connection with the transaction. Refunds of any payment you make to any Organizer or Creator are subject to that Organizer’s or Creator’s policies and applicable law. If you believe any payment to an Organizer or Creator is in error, you must contact the Organizer or Creator to seek resolution. You should use common sense and be careful in deciding whether to make a payment to an Organizer or Creator. Organizers or Creators have full discretion whether and how to spend money in connection with their TagFi Groups or Alliances. We cannot ensure that an Organizer or Creator is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how your payment is spent. Your correspondence or business dealings with, or participation in promotions of TagFi groups, including payment and related
services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Organizer or Creator.
Group Creator Announcements/ Messages/Notifications:
- By consenting to allow notifications: you are allowing TagFi and the group creators of TagFi to notify you of: change in group, messages and other such notifications. To turn off notifications, you can go into settings and “Turn Off All Notifications”, additionally, you can message group creator (by going to the message board) not to contact you.
- Role of Group Creator:
- You understand that the Group Creator of the group activity or group in which you have joined or requested to join has the right, in his or her sole discretion, to ignore, refuse, indefinitely suspend or terminate your participation, to charge fees in connection with membership, limit or set eligibility requirements for the Group. Additionally, group creator may choose to mark your profile as “no show” if you did not show up to a scheduled activity or meet. If you feel that you have wrongly been marked, please email us at firstname.lastname@example.org. This is no guarantee that we will have this mark removed, but we will certainly look into the issue.
- Marketing Partners and Third Parties
- TagFi Provides its users API (application programming interface), such as Google API. We also provide our users a recommended feed or list of TagFi partner businesses who can offer discounts to TagFi groups in the form of offers or coupons with a bar code.
- Please note: Each partner business will display their own offer with their own restrictions and limitations. The TagFi user is not buying a voucher. In order to redeem and claim the offer made via the TagFi technology, it will generally be necessary for the Consumer to show the sponsoring Merchant the offer on their mobile device when they enter the Merchant Location. The transaction that occurs, if it occurs, is transacted directly with the Sponsoring Merchant.
- INDEMNITY, RESERVATION OF RIGHT, RELEASE
- You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, s
ubsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in a TagFi group, or your participation as an Organizer or Creator in a TagFi group activity or meet (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at TagFi Gatherings). Without limiting the foregoing, you, as an Organizer or Creator agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any TagFi group member or third party due to or arising out of your actions as an Organizer or Creator.
- You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- The entire contents of the Sites and/or Services (including the Content) and intellectual property are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, TagFi owns a copyright in the
selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services.
- Trademarks and service marks, including, without limitation, “TagFi,” which appear on the Sites and/or in the Services are the service and trademarks of TagFi or affiliated entities. Without TagFi ’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent.
- Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to TagFi or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of TagFi, unless and except as is expressly provided in these Terms. Any
unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.
- Attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;
- Using the Site and/or Services to generate unsolicited email advertisements or spam; or
- Using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.
- EXCLUSION OF WARRANTIES
- WE PROVIDE THE SITES AND ALL SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE
- We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.
- YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
- NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TAGFI ’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, TaGFI AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
- WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM TagFi WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A TagFi REPRESENTATIVE SHALL CREATE A WARRANTY.
- LIMITATIONS OF LIABILITY
- SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT TagFi, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE TagFi FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
- 19- ARBITRATION OF DISPUTES GOVERNED BY ARBITRATION
- Notwithstanding the foregoing, any dispute or claim arising out of or relating in any way to your visit to the Sites, your
redemption of a TagFi Offer, or your use of the Services made available through the Sites, these Terms, this Agreement, the
- This agreement and any arbitration shall be governed by the Federal Arbitration Act.
- There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.
- The AAA’s rules are available at https://www.adr.org/ or by calling 1-800-778-7879. We will pay all filing, administration and
arbitrator fees for claims totaling less than $100. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs.
- You and TagFi may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under
applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you.
- A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or TagFi shall be
confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or TagFi customer.
- We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer
networks or any other misuse, misappropriation or theft of intellectual property rights.
- We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class,
consolidated or representative action.
- The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Delaware.
- APPLICABLE LAW
- By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and TagFi that arises out of this Agreement shall be governed by the laws of New York, without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.
- 21-COPYRIGHT NOTICE-DIGITAL MILLENNIUM COPYRIGHT ACT
- If you are a copyright owner or an owner’s agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been
infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement 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 owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
- Contact information for TagFi’s Copyright Agent for notice of claims of copyright infringement is as follows: email@example.com