Terms & Conditions
Thank you for using Taggled. Taggled's products and services are provided by Taggled Limited (company number NI611337, with registered office at Unit 5, NISP, Belfast, BT3 9DT) ("Taggled," "we," or "us").
Please read our Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by the Terms. If you do not wish to be bound by the Terms, do not use the Taggled Products.
1. Using Taggled
(a) Who can use TaggledYou may use our Products only if you are 18 or over and can form a binding legal agreement with Taggled, and only in compliance with the Terms and all applicable laws. When you create your Taggled account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorised to grant all permissions and licenses provided in the Terms and bind the entity to the Terms, and that you agree to the Terms on the entity's behalf.
Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and the Terms will apply to such upgrades. It is important that you must keep your Taggled account password secure and confidential. You must notify Taggled immediately of any breach of security or unauthorised use of your Taggled account that you become aware of. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
(b) Our license to youSubject always to our Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
(c) Commercial use of TaggledIf you want to use our Products for commercial purposes you must register as a Business User on the Website.
Please see our package subscription pages for current features and pricing. Features and prices are subject to change. Video viewing limits are calculated monthly from the date upon which the subscription start date begins ("Subscription Start Date") based upon one video view equating to a video being played for longer than 2 seconds. We may also offer bolt-on features and packages. Taggled users who wish to obtain a custom tailored package may request a custom account by contacting us by email at firstname.lastname@example.org. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts.
(d) Annual SubscriptionsUsers who purchase annual subscriptions have five (5) days ("5-day Cancellation Period") following the date of purchase of the subscription ("Date of Purchase") to cancel and receive a full refund, such termination to take effect immediately.
After the 5-Day Cancellation Period ends, all annual subscriptions are final and non-refundable, even if your account is later terminated by Taggled. If your account is terminated by Taggled due to your breach of this Agreement during the relevant 5-Day Cancellation Period, you will not be refunded
(d.2) Monthly SubscriptionsUsers who purchase monthly subscriptions are not entitled to a refund, but can prevent their subscription from renewing for a further month by terminating no later than the last day of the month to which the monthly subscription relates by contacting Taggled by email at email@example.com, such termination to take effect automatically upon expiry of the current monthly period you have already paid for in advance.
(d.3) GeneralTaggled may terminate or suspend your account at any time, including where you are in breach of your obligations under the Terms. If you have questions, please contact us by email at firstname.lastname@example.org.
(e) Payment TermsIf you choose to purchase a subscription to Taggled, the fees for your subscription will be payable on the Date of Purchase, and on each annual/monthly (as applicable) renewal date thereafter, unless and until you terminate your account in accordance with clause 1(d) above. Taggled will automatically charge your debit/credit card each year/month on the annual/monthly anniversary of the commencement of your subscription (as applicable). It is your responsibility to keep your contact information and payment information current and updated.
If any payment is not received by Taggled when due, Taggled may terminate your account forthwith without notice. All fees are exclusive of applicable taxes unless otherwise stated, and you are responsible for payment of any such taxes that may apply to your use of the Products.
(f) RenewalsSubject to the terms hereof, you may choose to renew your subscription for a further period at the end of the subscription period. By default, all subscriptions will automatically renew for the same period of time as the original subscription period. You may decline to renew at any time prior to the commencement of a renewal subscription by notifying Taggled by email at email@example.com. Taggled reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused video views, and other limits do not roll over to subsequent subscription periods.
(g) End of subscriptionsUpon termination of your Taggled package subscription, the account automatically becomes a Basic (free) account and Taggled may disable access to or delete any content to comply with Basic account limits. When a custom subscription ends, the account and its content will be deleted if the subscription is not renewed.
(h) Exceeding purchased viewing limitsIf a user exceeds the viewing band selected as part of the business package subscription, this will be billed separately at the end of the subscripted month to the value of the difference in price between the subscripted viewing band and the price of the viewing band for the number of actual video views utilised during the month. The terms and conditions of the payment will be presented to you on the bill and failure to comply with paying for excess video views in accordance to the terms could result in the termination or suspension of the user account at the sole discretion of Taggled.
2. Your Content
(a) Posting contentTaggled allows you to post content, including videos, tags, images, comments, and other materials on our Products. Any content that you post on our Products (including content you make available to us directly or request us to retrieve from third party sources on your behalf) is referred to as "User Content." You understand and agree that you are solely responsible for your own User Content and the consequences of posting or publishing it. Taggled does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Taggled expressly disclaims any and all liability in connection with User Content. You represent and warrant that you have (and will continue to have during your use of the Products) all necessary licenses, rights, consents, and permissions which are required to enable Taggled to use your User Content for the purposes of the provision of the Products by Taggled, and otherwise to use your User Content in the manner contemplated by the Products and the Terms.
You must ensure that your User Content complies with the content standards set out in our Acceptable Use Policy. You warrant that your User Content does comply with those standards. You also warrant that you have obtained all third party consents that may be required to enable Taggled to retrieve your User Content on your behalf from third party websites and other sources as part of Taggled’s provision of its Products. You will be liable to us and indemnify us for any breach of these warranties - this means you will be responsible for any loss or damage we suffer as a result of your breach of these warranties. We do not guarantee any confidentiality with respect to User Content, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any of your User Content posted or uploaded to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any of your User Content.
(b) How Taggled and other users can use your User ContentYou grant Taggled and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, overlay, tag, modify, create derivative works, perform, and distribute your User Content on Taggled solely for the purposes of operating, developing, providing, and using the Taggled Products. Nothing in the Terms shall restrict other legal rights Taggled may have to User Content, for example under other licenses.
We reserve the right to remove or modify User Content for any reason, including User Content that we believe does not comply with the Terms.
(c) How long we keep your User ContentFollowing termination or deactivation of your account, or if you remove any User Content from Taggled, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Taggled and its users may retain and continue to use, store, display, reproduce, share, overlay, tag, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Taggled.
(d) Feedback you provideWe value hearing from our users, and are always interested in learning about ways we can make Taggled better. If you choose to submit tags, comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Taggled does not waive any rights to use similar or related feedback previously known to Taggled, or developed by its employees, or obtained from sources other than you.
(e) What you cannot doYou may not upload, post, or transmit any video, image, text, audio recording, or other content or otherwise do anything prohibited by our Acceptable Use Policy.
Taggled has the right, but not the obligation, to monitor all conduct on and content submitted to the Taggled Products.
(f) Taggled ContentWith the exception of User Content, all other content used as part of the Products is either owned by or licensed to Taggled, and is subject to copyright, trade mark rights, and other intellectual property rights of Taggled or Taggled's licensors. Any third party trade or service marks present on content not uploaded or posted by you are trade or service marks of their respective owners. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Taggled or, where applicable, Taggled's licensors. Taggled and its licensors reserve all rights not expressly granted in and to their content.
3. Copyright Policy
Taggled respects the intellectual property rights of others. If you believe that your copyright has been infringed please send us a notice at firstname.lastname@example.org.
We care about the security of our users. While we work to protect the security of your User Content and account, Taggled cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Taggled. Taggled has no control over the content of those sites or resources. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Taggled, you do so at your own risk and you agree that Taggled will have no liability arising from your use of or access to any third-party website, service, or content. You acknowledge and agree that Taggled does not endorse any advertising, products or other materials on or available from such web sites or resources. Where you wish to tag content with a hyperlink to a particular third party website, there may be circumstances where Taggled, acting in its sole discretion, is unable to include such a hyperlink on the tagged content through to the relevant third party website.
6. Linking to our Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
We do not guarantee that our Products will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Products. You should use your own virus protection software.
8. Additional Provisions relating to Business Users
If you have registered on the Website, and subsequently been approved by Taggled, as a Business
User (a “Business User”), the provisions of this clause 8 shall also apply (but for the avoidance of
doubt, this clause 8 shall not apply to any user who is not a Business User. In the following clause 8,
the following defined terms shall have the following meanings:
(i) A user must apply to become a Business User via the Website. Taggled will evaluate the user’s application for suitability to become a Business User in its sole discretion.
ii) If Taggled approves the user’s application to become a Business User, the user will be informed by Taggled.
(iii) The Business User may be entitled to a fixed proportion of commission actually received by Taggled on certain sales (the level of any such proportion to be confirmed by Taggled in writing upon approval of the user as a Business User, if applicable), where links within User Content of the Business User on the Website has been the most recent referrer to a third party merchant’s website, and the sale was made during the life-time eligible for commissions, as defined by individual merchants, and gave rise to a commission that was actually received by Taggled (the “Business User Commission”). For the avoidance of doubt, a Business User shall not be entitled to any Business User Commission unless Taggled has previously confirmed same in writing to the Business User. The calculation of commission due from Taggled to the Business User shall be performed by Taggled and communicated to the Business User. The Business User acknowledges that different merchants use different commission structures, and that actual levels of commission received by Taggled from such sales may fluctuate. Payment of the proportion of commission due to the Business User shall be made by Taggled at the end of the month following the month in which the applicable commission has been received unconditionally by Taggled (where “unconditionally” means that the relevant time window specified by merchants to claw back revenue, for example where goods have been returned by a customer, has elapsed).
(iv) If the amount of commission due to the Business User is less than £100 in any month (the “Minimum Threshold”), any such amount will be carried over and aggregated with the subsequent month’s commission due and paid when the cumulative amount then due for payment to the Business User exceeds the Minimum Threshold.
(v) The Business User shall only be entitled to earn commissions that occur during the period that the Terms remain in force, or otherwise until terminated in accordance clause 9, and any commissions earned prior to the date of termination will remain payable only if related amounts are not disputed and have been received unconditionally by Taggled (in accordance with sub-clause iii).
Taggled may terminate or suspend these Terms at any time, with our without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 8 to 14 of these Terms.
The Products and all included content are provided by Taggled on an "as is" basis without warranty of
any kind, whether express or implied.
TAGGLED SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. We also do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Products without notice. We will not be liable to you if for any reason our Products are unavailable at any time or for any period.
You agree to indemnify and hold harmless Taggled and its officers, directors, employees an. agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content (including, without limitation, any claim that the User Content infringes the intellectual property rights of any third party), or (c) your breach of any of these Terms.
12. Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our
negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded
or limited by applicable law. To the extent permitted by law, we exclude all conditions, warranties,
representations or other terms which may apply to our Products, Website or any content on it, whether
express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in
- your access to or use of or inability to access or use the Products;
- use of or reliance on any content displayed on our Website or as part of our Products, or any conduct or content of any third party in relation to the Products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or
- unauthorised access to, or use or alteration of your transmissions or User Content
Please note that in particular, to the maximum extent permitted by law, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of data, use, goodwill or other intangible losses
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are not registered as a “Business User”, please note that we only provide our Products to you for your domestic and private use, and you agree not to use our Products for any commercial or business purposes.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. To the extent permitted by applicable law, Taggled’s aggregate liability to any user (other than undisputed commission amounts due to a Business User pursuant to clause 8) shall not exceed one hundred pounds sterling (GBP £100.00).
For any dispute you have with Taggled, you agree to first contact us and attempt to resolve the dispute with us informally.
14. General Terms
Notification Procedures and changes to these Terms: Taggled reserves the right to determine the form
and means of providing notifications to you, and you agree to receive legal notices electronically if we
so choose. We may revise these Terms from time to time and the most current version will always be
posted on our Website. By continuing to access or use the Products after revisions become effective,
you agree to be bound by the revised Terms. If you do not agree to any revised version of the Terms,
please stop using the Products.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Taggled without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
Entire Agreement/Severability: These Terms and any amendments and any additional agreements you may enter into with Taggled in connection with the Products, shall constitute the entire agreement between you and Taggled concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Taggled's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Applicable law: These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of Northern Ireland, and subject to the exclusive jurisdiction of the courts of Northern Ireland.