You may use our Products only if you can form a binding contract with TeachTag, and only in compliance with these Terms and all applicable laws. When you create your TeachTag account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, local governmental agency, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
You agree not to use our Products in a way that is unlawful, prohibited by these Terms, or not reasonably intended by us.
For example, you aren’t allowed to post anything that:
You also aren’t allowed to:
If you come across content that seems to break these rules, you can report it to us. Our team will take a look and let you know if we remove it.
TeachTag allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our website or through our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to TeachTag.
You grant TeachTag and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content on TeachTag solely for the purposes of operating, developing, providing, and using the TeachTag Products. Nothing in these Terms shall restrict other legal rights TeachTag 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 violates these Terms or our policies.
Following termination or deactivation of your account, or if you remove any User Content from TeachTag, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, TeachTag and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared.
You shall not post User Content that violates or encourages any conduct that violates laws or regulations, including but not limited to laws or regulations applicable to your line of business (if you are an entity) and laws or regulations applicable to advertising. You are responsible for User Content and any third-party content posted on your account, and you represent and warrant that User Content and any third-party content posted on your account comply with all applicable laws and regulations. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission. TeachTag respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to TeachTag does not and will not violate any law or infringe the rights of any third party.
We value hearing from our users, and are always interested in learning about ways we can improve our Products. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, TeachTag does not waive any rights to use similar or related feedback previously known to TeachTag, or developed by its employees, or obtained from sources other than you
It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, TeachTag will respond expeditiously to claims of copyright infringement committed using our Products that are reported to TeachTag’s Designated Copyright Agent, identified below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or by using our Products by submitting a DMCA Notice of Alleged Infringement ("Notice") and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, that we deem appropriate, including removal of the challenged material from the website. If we remove or disable access to content in response to a Notice, we may notify the user with details about the Notice so that they can submit a counter-notice. We may also send a complete copy of the Notice to users where appropriate.
Please provide the following information in your Notice:
Deliver this Notice to:
TeachTag Copyright Agent P.O. Box 781094 San Antonio, Texas 78278 Email: [email protected]
If you receive a notification that your content has been removed due a copyright complaint, it means that the content has been deleted at the request of the content's owner. If you believe content was removed in error, you have the option to file a counter-notice by following the steps below. Upon receipt of a valid counter-notice, we will take action required by law and any action that we deem appropriate, including removal of the complaint from your account's record.
How to File a Counter-Notice:
Send the counter-notice our Copyright Agent at the address and email address above. Please Include all of the following in your counter-notice:
While we work to protect the security of your content and account, TeachTag 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. For accounts created on behalf of a company, organization, local government agency, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.
TeachTag may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-13 of these Terms.
You agree to defend, indemnify and hold harmless TeachTag, its members, officers, employees, representatives, attorneys and agents from any claim or demand including reasonable attorneys' fees and costs, made by any third party arising out of or related to (i) your use of our Products, (ii) your User Content, (iii) your violation of these Terms, or (vi) infringement by you or anyone using your account of any intellectual property right of a third party. TeachTag shall provide you with prompt notice of any such claim, suit, or proceeding and we reserve the right to assume the exclusive defense and control of the matter. You agree to cooperate with our defense of such claim.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
TEACHTAG 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.
TeachTag takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEACHTAG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL TEACHTAG'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with TeachTag, you agree to first contact us and attempt to resolve the dispute with us informally. If TeachTag has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and TeachTag agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TEACHTAG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of state and federal courts in Bexar County, Texas for any actions not subject to Section 10 (Arbitration).
Notification Procedures and changes to these Terms. TeachTag 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. We will notify you of changes to these Terms 10 days before the changes become effective. If you do not wish to be bound by the revised Terms, please stop using the Products and/or terminate your account.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TeachTag without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
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 TeachTag's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
For local government agencies, including school districts, that may become a party to these Terms, Section 7 (Indemnity) shall be deleted in its entirety.