A “user” is someone who accesses, browses, or in any way uses the Sites. The terms “you” and “your” refer to you, as a user of the Sites. The terms “we,” “us,” “our,” refer to www.tailgatortechnologies.com.
“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication that we display on or make available through our Sites (as defined below). “User Content” means Content that you submit or transmit to or through the Sites, such as reviews, compliments, invitations, advice, and information that you display.“Third Party Content” means Content that is made available on the Sites by parties other than Tailgator Technologies or its users.
2. BINDING EFFECT.
By using our Site you promise that you are at least 18 years of age. If you are not yet 18 years old (a “Minor”), you must have the permission of an adult to use our Site and agree to these Terms, and that adult must be a parent or legal guardian who is willing to be responsible for your use of the Site. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold Tailgator harmless if the Minor breaches any of these Terms.
3. GENERAL USE.
When accessing or using the Sites, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of the intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.
4. USER CONTENT.
You grant Tailgator Technologies a license to use the materials you post to the Sites. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Sites, you are granting Tailgator, its affiliates, officers, directors, employees, consultants, agents, and representatives an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
5. PROHIBITED CONDUCT.
When using the Sites and Services, you agree to abide by common standards of decency and act in accordance with the law. For example (and not by way of limitation, when using the Sites and Services you agree not to engage in the following activities:
(8.1) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Sites;
(8.2) using the Sites in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
(8.3) using the Sites to promote bigotry or discrimination;
(8.4) using the Sites to solicit personal information from minors or to harm or threaten to cause harm to minors;
(8.5) using the site for commercial or promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services, displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Sites or Service on behalf of that person, such as placing commercial content in a product review, placing links to e-commerce sites not authorized by Tailgator in a product review, placing links to blogs with a commercial purpose, or otherwise attempting to post messages or advertisements with a commercial purpose.
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Tailgator has procedures in place to address allegations of copyright and other forms of intellectual property infringement occurring on the Sites. Tailgator policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Tailgator to delete, edit, or disable the material in question, you must provide Tailgator with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tailgator to locate the material; (d) information reasonably sufficient to permit Tailgator to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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.