BY CLICKING ON THE “I ACCEPT” BUTTON", COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE AT LEAST 18 YEARS OF AGE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. IF YOU CANNOT AGREE TO OR COMPLY WITH THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USE OF THE SITE AND/OR THE TACTHUB PLATFORM AND MUST EXIT THE SITE.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 12 BELOW), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 12.8). UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Your use of and participation in the TACTHUB Platform are subject to additional terms including, but not limited to, the Acceptable Use Policy.
Certain services offered by or through the TACTHUB Platform may be subject to other additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers.
DESCRIPTION OF THE PLATFORM
Upon completion of the TACTHUB Platform enrollment process (“Enrollment”), you will become eligible to use the TACTHUB Platform (“Users”). The TACTHUB Platform provides Users with access to features such as: (a) creating a personalized profile; (b) posting questions and comments, and replying to questions and comments; (c) reacting to comments in the feed; and (d) networking inside private communities. At this time, there is no charge for Enrollment in, and use of, the TACTHUB Platform. We reserve the right at any time to charge fees for access to some or all of the TACTHUB Platform. In no event, however, will you be charged for access to the TACTHUB Platform unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the TACTHUB Platform that are now free, we will give you advance notice of such fees. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the TACTHUB Platform.
You understand that the TACTHUB Platform is evolving. You acknowledge and agree that TACTHUB may update the TACTHUB Platform with or without notifying you.
USERS AND ACCOUNTS
You must be at least 18 years of age (or the age of majority in your state of residence if higher than 18) to enroll to use the TACTHUB Platform. To use the TACTHUB Platform, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify TACTHUB if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the TACTHUB Platform. We do not guarantee that the TACTHUB Platform is accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the TACTHUB Platform or any component thereof and to block or prevent future access to and use of the TACTHUB Platform and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the TACTHUB Platform will survive such termination.
TERMINATION OF ACCOUNTS
Your right to use the TACTHUB Platform is non-transferable. You agree that the TACTHUB Platform may change from time to time without notice to you. Any new feature that augments, enhances, or modifies the current TACTHUB Platform is subject to these Terms.
You agree that TACTHUB may cancel or suspend the TACTHUB Platform, or terminate your participation in the TACTHUB Platform, in TACTHUB’ sole and absolute discretion, at any time, for any reason with or without prior notice.
You may terminate your participation in the TACTHUB Platform at any time by using any method listed below.
Online. Email firstname.lastname@example.org to submit your account termination request.
Upon any termination of your account, you will no longer have access to the TACTHUB Platform and your user ID and all related information, content, data associated with or inside your account (or any party thereof) will be deactivated.
You agree that termination by you or us will not affect any of our or your rights or your obligations arising prior to the effective date of the termination.
The TACTHUB Platform is owned by TACTHUB and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the TACTHUB Platform. You may not save or archive a significant portion of the material appearing in or on the TACTHUB Platform. All rights not expressly granted herein are reserved by TACTHUB.
RESPONSIBLE USE OF THE TACTHUB PLATFORM
You may use the TACTHUB Platform for lawful purposes and in accordance with these Terms and our Acceptable Use Policy.
No other use is permitted. Without limiting the foregoing, you may not use the TACTHUB Platform: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the TACTHUB Platform; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by TACTHUB in its sole discretion). You agree to defend, indemnity, and hold harmless TACTHUB and its parents, affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers from and against any actual or threatened claims, actions or demands, liabilities, and settlements (including, without limitation, reasonable legal and accounting fees) resulting (or alleged to result) from your use of any TACTHUB Platform in any manner that violates or is alleged to violate applicable law or these terms.
Definition: You will be able to use the TACTHUB Platform to share posts and text—and may, in the future, share photos, videos, links, and other files. All material that you upload, publish, or display to others via the TACTHUB Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the TACTHUB Platform, Your Content may be viewed by the general public. public.
Ownership: You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the rights granted to us below.
License and Permission to Use Your Content: As set forth in more detail below, TACTHUB and other TACTHUB Platform users may copy, report, or otherwise use anything posted on the TACTHUB Platform. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including, without limitation, chat, text, or voice communications. We have the right, but not the obligation, in our sole and absolute discretion, to pre-screen, review, refuse, and/or remove from the TACTHUB Platform any content. By enrolling in and using the TACTHUB Platform, you provide your irrevocable consent to such monitoring. In the event that TACTHUB pre-screens, refuses, or removes any of Your Content, you acknowledge that TACTHUB will do so for TACTHUB’ benefit, not yours.
You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third-parties of any of Your Content outside of the TACTHUB Platform or in violation of these Terms.
You acknowledge and agree that TACTHUB may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of TACTHUB, its users, or the public.
Once you make a post, you may edit or delete your post at any time from public display on tacthub.com. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of tacthub.com. TACTHUB may remove suspected spam from your answers. Once you make a post, it may be edited or deleted by TACTHUB at any time. Any edits and changes made by you may be visible to other users. The right for TACTHUB to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in these Terms.
By submitting, posting, or displaying Your Content on the TACTHUB Platform, you grant TACTHUB a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, and otherwise use Your Content in connection with the operation or use of the TACTHUB Platform or the promotion, advertising or marketing thereof, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for TACTHUB to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with TACTHUB for the syndication, broadcast, distribution or publication of Your Content through other media or distribution methods. This license also includes the right for other users of the TACTHUB Platform to use and modify Your Content, subject to these Terms.
Your Responsibilities: By posting Your Content on the TACTHUB Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate TACTHUB’s Acceptable Use Policy, other published TACTHUB policies, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
Storage: Unless expressly agreed to by TACTHUB in writing elsewhere, TACTHUB has no obligation to store Your Content that you make available on the TACTHUB Platform. TACTHUB has no responsibility or liability for the deletion or accuracy of Your Content; the failure to store, transmit or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the TACTHUB Platform. You agree that TACTHUB retains the right to create reasonable limits on the use and storage of Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by TACTHUB in its sole discretion.
Definition: All intellectual property in or related to the TACTHUB Platform (specifically including, but not limited to our software, the TACTHUB marks, the TACTHUB logo, but excluding Your Content) is the property of TACTHUB or content posted by other TACTHUB users licensed to us (collectively “Our Content and Materials”).
Data: All data TACTHUB collects (“Data”) about use of the TACTHUB Platform by you or others is the property of TACTHUB. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
Our License to You:
We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the TACTHUB Platform in connection with your use of the TACTHUB Platform, subject to the terms and conditions of these Terms.
TACTHUB gives you a limited, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post Public Content (as defined below) provided that: (a) the user who created the content has not explicitly marked the content as not for reproduction on the TACTHUB Platform; (b) you do not modify the content; (c) you attribute TACTHUB by name in readable text and with a human and machine followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on tacthub.com on every page that contains the Public Content; (d) upon request, either by TACTHUB or a user, you remove the user's name from content which the user has subsequently made anonymous; (e) upon request, either by TACTHUB or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the TACTHUB Platform; (f) upon request, either by TACTHUB or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the TACTHUB Platform; and (g) you don’t republish more than a small portion of the Public Content. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by TACTHUB, or any TACTHUB user, without separate, express prior written permission from us. “Public Content” means: (i) public posts submitted on the TACTHUB Platform, (ii) public reples to public comments; (iii) public profile; and (iv) editorial content published by TACTHUB or TACTHUB contributors. Public Content does not apply to anything that is private.
We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the TACTHUB Platform or to remove content. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
No Endorsement or Verification: The TACTHUB Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the TACTHUB Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the TACTHUB Platform by anyone.
Ownership: You acknowledge and agree that Our Content and Materials remain the property of TACTHUB’s users or TACTHUB. The content, information, and services made available on the TACTHUB Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
SOCIAL MEDIA ACCESS
By providing your cellphone number and using the TACTHUB Platform, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the TACTHUB Platform. TACTHUB will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply. Please contact your participating mobile service provider for pricing plans, participation status and details. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any TACTHUB Platform via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use. You may opt out of receiving text messages from us by emailing email@example.com.
INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY
You agree to indemnify, defend, and hold harmless TACTHUB and its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms. TACTHUB reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if TACTHUB assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the TACTHUB Platform, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
YOU ACKNOWLEDGE THAT THE TACTHUB PLATFORM IS PRE-RELEASE AND HAS NOT YET BEEN COMPLETELY TESTED IN ALL SITUATIONS. THE SERVICES AND FEATURES INCLUDED IN THE TACTHUBS PLATFORM ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT TACTHUB’S SOLE DISCRETION.
To the extent permitted by applicable law, all material or items provided through the TACTHUB Platform are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the TACTHUB Platform, we do not represent or imply that we endorse any materials or items available on or linked to by the TACTHUB Platform, including, without limitation, content hosted on third party sites, or that we believe any materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of the TACTHUB Platform. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms. You agree that your use of the TACTHUB Platform will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the TACTHUB Platform and your use thereof.
To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the TACTHUB Platform content, the content of any site linked to the TACTHUB Platform, or information or any other items or materials on the TACTHUB Platform or linked to by the TACTHUB Platform. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the TACTHUB Platform, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the TACTHUB Platform by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the TACTHUB Platform. TACTHUB does not warrant that all errors can be corrected, or that operation of these services will be uninterrupted or error-free.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE TACTHUB PLATFORM. YOU UNDERSTAND THAT TACTHUB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE TACTHUB PLATFORM. TACTHUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE TACTHUB PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE TACTHUB PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE TACTHUB PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT TACTHUB DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
Limitations on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TACTHUB PLATFORM, MATERIALS, OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $100.
COPYRIGHT AND TRADEMARK
Unless otherwise noted, all materials published in or through the TACTHUB Platform are protected as the copyrights, trade dress, trademarks, and/or other intellectual property of TACTHUB or its licensors. You may not remove or alter any copyright, trademark, or other proprietary right notice in the TACTHUB Platform. All rights not expressly granted are reserved.
TACTHUB is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances. To report a problem other than copyright or trademark infringement, please email firstname.lastname@example.org.If TACTHUB becomes aware of any possible violations by you of these Terms, we may, in our sole discretion, limit, suspend, or terminate a user’s access or account, delay or remove content (including Your Content), and take technical and legal steps to keep users from using the TACTHUB Platform.
Links provided within the TACTHUB Platform will allow you to connect to other websites and services that are not under TACTHUB control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
TACTHUB does not seek or accept unsolicited ideas. By submitting any material to us through any of the TACTHUB Platform, you expressly grant to TACTHUB a royalty-free, non-exclusive, fully transferable, assignable, and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of TACTHUB and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice, or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY TACTHUB IN ITS SOLE DISCRETION AT ANY TIME.
These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and TACTHUB.
NO THIRD-PARTY BENEFICIARIES
These Terms are between you and TACTHUB. There are no third-party beneficiaries.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
If you have any questions about the TACTHUB Platform or these Terms, you can contact TACTHUB by email at email@example.com.
© 2019 TACTHUB