iTagTip Terms of Service

Last modified: Dec 6, 2014

Welcome to iTagTip!

Thanks for using our products and themes (“Themes”). The Themes are provided by iTagTip Inc. (“iTagTip”), located at 50, 522 11tth Ave SW, Calgary, Alberta T2R 0C8.

By using our Themes, you are agreeing to these terms. Please read them carefully.

Our Themes are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Themes, and those additional terms become part of your agreement with us if you use those Themes.

Using our Services

You must follow any policies made available to you within the Themes.

Don’t misuse our Themes. For example, don’t interfere with our Themes or try to access them using a method other than the interface and the instructions that we provide. You may use our Themes only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Themes to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Themes does not give you ownership of any intellectual property rights in our Themes or the content you access. You may not use content from our Themes unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Themes. Don’t remove, obscure, or alter any legal notices displayed in or along with our Themes.

Our Themes display some content that is not iTagTip’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Themes, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your iTagTip Account

You need a iTagTip Account in order to use our Themes. You may create your own iTagTip Account, or your iTagTip Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a iTagTip Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

If you learn of any unauthorized use of your password or account, follow these instructions.

Privacy and Copyright Protection

iTagTip’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Themes, you agree that iTagTip can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and iTagTip’s policy about responding to notices in our Help Center.

Your Content in our Services

Some of our Themes allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload or otherwise submit content to our themes, you give iTagTip (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Themes), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Themes, and to develop new ones. This license continues even if you stop using our Themes (for example, for a business listing you have added to iTagTip). Some Themes may offer you ways to access and remove content that has been provided to that Theme. Also, in some of our Themes, there are terms or settings that narrow the scope of our use of the content submitted in those Themes. Make sure you have the necessary rights to grant us this license for any content that you submit to our Themes.

You can find more information about how iTagTip uses and stores content in the privacy policy or additional terms for particular Themes. If you submit feedback or suggestions about our Themes, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Theme requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Themes may let you adjust your automatic update settings.

iTagTip gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by iTagTip as part of the Themes. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Themes as provided by iTagTip, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Themes or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Themes may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Themes. We may add or remove functionalities or features, and we may suspend or stop a Theme altogether.

You can stop using our Themes at any time, although we’ll be sorry to see you go. iTagTip may also stop providing Themes to you, or add or create new limits to our Themes at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Theme, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Theme.

Our Warranties and Disclaimers

We provide our Themes using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Themes.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ITAGTIP NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, ITAGTIP, AND ITAGTIP’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ITAGTIP, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, ITAGTIP, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Themes

If you are using our Themes on behalf of a business, that business accepts these terms. It will hold harmless and indemnify iTagTip and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Themes or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Theme to, for example, reflect changes to the law or changes to our Themes. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Theme. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Theme or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Theme, you should discontinue your use of that Theme.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between iTagTip and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Alberta, Canada, will apply to any disputes arising out of or relating to these terms or the Themes. All claims arising out of or relating to these terms or the Themes will be litigated exclusively in the federal or provincial courts of Alberta, Canada and you and iTagTip consent to personal jurisdiction in those courts.

For information about how to contact iTagTip, please visit our contact page.