Terms of Service & Privacy Policy

Updated August 22nd, 2011

Acceptance of Terms of Use

Malbec Labs Inc. ("Company" or "Malbec Labs") provides a collection of online and offline resources, including websites (www.tagtile.com, including subdomains and affiliated sites), mobile and browser applications ("apps"), and application programming interfaces ("APIs") for use by other computers and software developers. Together, these resources are called "Services". Through these Services and third party services, Malbec Labs creates, transforms, stores and hosts information ("Content"). By using any of these Services, you (the "user" or "you") are agreeing to be bound by the following terms of service ("Terms" or "TOS") and privacy policy ("Privacy Policy" or "PP"), including those available by hyperlink.

ALL OF THE MALBEC LABS SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER, IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THE TERMS OF SERVICE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS OF SERVICE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THE TERMS OF SERVICE FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

Changes to Terms of Use

Malbec Labs reserves the right, with or without notice to you, to change these terms for any reason. If the alterations constitute a material change to the Terms of Use, Malbec Labs will attempt to notify you during your next use of Malbec Labs and/or by email, to the email address(es) in your account. What constitutes a "material change" will be determined at Malbec Labs's sole discretion.

Privacy

We consider your privacy one of our highest priorities. Please see our Privacy Policy located at http://www.tagtile.com/tos for information and notices concerning our collection and use of your personal information.

Membership: Services & Billing/Fees/Cancellation

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Malbec Labs's policies as stated in these Terms and Malbec Labs's Privacy Policy.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Malbec Labs of any unauthorized use of your password or any breach of security. You also agree that Malbec Labs cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address and valid and correct merchant information, as applicable.

Account Transfer: You may not transfer or sell your Malbec Labs account or user ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Account Ownership and History: Some Malbec Labs users are granted access by virtue of specific affiliation with a merchant or employer. If this affiliation changes or terminates or we are notified by this merchant or employer, you may lose your access to Malbec Labs and/or lose access to your account history and data.

Right to Refuse Service: Malbec Labs reserves the right to refuse service to anyone, for any reason, at any time.

Cancellation: You may cancel your account at any time. However, for the integrity of other users account histories, we may retain your data after you leave. If you require data deletion or export, please contact Malbec Labs and we will attempt to accommodate you at our discretion.

Costs: Account creation on Malbec Labs is free, but certain advanced services many require you, your employer or affiliate to pay fees. Malbec Labs may, at Malbec Labs's sole discretion, change some or all of the Services at any time, including which are free and which are paid. In the event Malbec Labs introduces a new for-pay service, the pricing for that service are effective at the launch of the service. In the event Malbec Labs makes a service free that was previously paid, refunds may not be offered.

Accuracy of Information

Merchant Information: All users and merchants must list accurate information about their stores and products and may not impersonate any other user, person or merchant without their written consent. Users and merchants may not make false claims about a merchant or product.

Customer Information: All users and customers must list accurate information about themselves and may not impersonate any other user or person without their written consent. Users may not claim to represent a merchant without permission from that merchant. Malbec Labs MAKES NO WARRANTIES ABOUT THE IDENTITY OF MERCHANTS, CUSTOMERS, OR OTHER USERS—you should check yourself before relying on their identity to make business or other decisions.

Prohibited Activities / Conduct

You are solely responsible for your conduct and activities on and relating to Malbec Labs and any and all data, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, display and authorize to be on Malbec Labs—including Content originally posted by other people (such as Malbec Labs employees, affiliates and contractors). As a condition to your use of the Services, you agree that you will not, directly or indirectly, take any of the following actions:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including Malbec Labs staff members;
  • upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
  • upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
  • upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
  • download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
  • restrict or inhibit any other user from using and enjoying Malbec Labs Services;
  • use Malbec Labs services for any illegal or unauthorized purpose;
  • remove any copyright, trademark or other proprietary rights notices contained in or on Malbec Labs services;
  • interfere with, disrupt or diminish the quality of Malbec Labs services or servers or networks connected to Malbec Labs services, or disobey any requirements, procedures, policies or regulations of networks connected to Malbec Labs services;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Malbec Labs services or collect information about users for any unauthorized purpose. If you need to do this, please contact us and we will be happy to help;
  • submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Malbec Labs;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
  • that includes personal or identifying information about another person without that person's explicit consent;
  • that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
  • that constitutes or contains any form of advertising or solicitation if posted in areas of the Malbec Labs Services which are not designated for such purposes; or sent to Malbec Labs users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
  • that includes links to commercial services or web sites, except in areas of the Malbec Labs Services which are designated for such purposes;

Violation of terms

Without limiting any other remedies, Malbec Labs may, without notice, and without refunding any fees or other renumeration, immediately delay, demote, hide, remove or change Content, warn Malbec Labs's community of a user or merchant's actions, issue a warning to an account, temporarily suspend an account, temporarily or indefinitely suspend an account's privileges, change a user's role or authorized abilities, terminate a user's account, prohibit access to the Services, and take technical and legal steps to keep a user off the Services and refuse to provide services to a user or account. Malbec Labs may take any of these actions for any reason, including but not limited to:

Malbec Labs suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached any provision of this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein;

Malbec Labs is unable to verify or authenticate any of your personal or employer information or Content;

Malbec Labs believes that a user is acting inconsistently with the letter or spirit of Malbec Labs's policies, has engaged in improper or fraudulent activity in connection with Malbec Labs or the actions may cause legal liability or financial loss to Malbec Labs's users or to Malbec Labs.

User-Generated Content

The Services may provide you with an opportunity to may transmit or publish or approve-to-publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content that you may receive from other users of the Service, is provided to you AS-IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making or approving any copyrighted or copyrightable content available on any Service you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner described above, you expressly agree that Malbec Labs shall have the right to immediately block access to or remove such content made available by you, if Malbec Labs receives complaints concerning any illegality or infringement of third party rights in such content. By using the any of the Services and transmitting or publishing any content using the Services, you hereby expressly and irrevocably consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Malbec Labs for this purpose.

Intellectual Property Rights

Malbec Labs, both the word and mark, are the logos are trademarks of Malbec Labs. You agree not to display or use, in any manner, the Malbec Labs trademarks, without Malbec Labs's express prior written consent. You acknowledge and agree that Malbec Labs is and shall remain the exclusive owner of all right, title and interest in and to the Services, including without limitation all patent, copyright, trade secret, trademark and other intellectual property rights therein, including any optimizations, enhancements, modifications or additional features added from time to time by Malbec Labs, whether in connection with your use or feedback or otherwise. Except for the right to use the Services strictly in accordance with these Terms, as amended or modified from time to time, no license or conveyance of any such proprietary rights to you is granted or implied under these Terms.

The Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Malbec Labs. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of Malbec Labs, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services, without the express written consent of Malbec Labs.

Equipment Lease

From time to time, the Company (the "Lessor") may offer equipment (the "Equipment") for lease to you (the "Lessee") in connection with your use of the Services, including, but not limited to a proprietary Malbec Labs device. The lease of such Equipment shall be governed by the following terms and conditions (the "Lease Terms"):

No Warranty. LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE EQUIPMENT, THEIR MERCHANTABILITY, OR THEIR FITNESS FOR A PARTICULAR PURPOSE. LESSOR SHALL NOT BE LIABLE TO LESSEE OR ANY OTHER PERSON FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM LESSEE'S USE OF THE EQUIPMENT, OR FOR DAMAGES BASED ON STRICT OR ABSOLUTE TORT LIABILITY OR ANY ACTION BY LESSOR.

Title and Assignment. Lessor shall retain title to the Equipment. Lessor may assign, sell or encumber its interest in any of the Equipment. THE RIGHTS OF ANY SUCH ASSIGNEE SHALL NOT BE SUBJECT TO ANY ABATEMENT, DEDUCTION, OFF-SET, COUNTERCLAIM, RECOUPMENT, DEFENSE OR OTHER RIGHT WHICH LESSEE MAY HAVE AGAINST LESSOR OR ANY OTHER PERSON OR ENTITY. Notwithstanding the foregoing, any such assignment (a) shall be subject to Lessee's right to possess and use the Equipment subject to these Lease Terms so long as Lessee is not in default hereunder, and (b) shall not release any of Lessor's obligations hereunder.

Care, Use and Maintenance. Lessee will maintain the Equipment in good operating order and appearance, protect the Equipment from deterioration, other than normal wear and tear, and will not use the Equipment for any purpose other than that for which it was designed. Should the Equipment be destroyed or otherwise rendered inoperable, Lessee shall assume the full expense of replacement of the Equipment. Lessee shall not use the Equipment for any uses not directly related to the Services. Lessee will be charged for all abnormal or unauthorized use of the Equipment.

Delivery and Return of the Equipment. Lessee hereby assumes the full expense of transportation and in-transit insurance to Lessee's premises and installation of the Equipment. Upon termination (by expiration or otherwise) of this Lease Terms, Lessee shall, pursuant to Lessor's instructions and at Lessee's full expense (including, without limitation, expenses of transportation and in transit insurance), return the Equipment to Lessor in the same operating order, repair, condition and appearance as when received, less normal depreciation and wear and tear. Lessee shall return the Equipment to Lessor at such address within the continental United States as directed by Lessor.

Indemnity. Lessee will indemnify and hold Lessor and any assignee of Lessor harmless from and against any and all claims, costs, expenses, damages and liabilities, including reasonable attorneys' fees, arising out of the ownership, selection, possession, leasing, operation, control, use, maintenance, delivery, return or other disposition of the Equipment.

Risk of Loss. Effective upon delivery and until the Equipment are returned, Lessee relieves Lessor of responsibility for all risks of physical damage to or loss or destruction of the Equipment.

Social Networks / Third Party Sites / Links

In the event that you access the Services via social networks as Facebook Connect (each, an "SNS"), you may be subject to the terms of service of that SNS. Please check with the website of the applicable SNS for further details.

Links to third party sites may appear within the Services. Any linked sites are not controlled by us and may collect data or solicit personal information from you. We are not responsible for such linked sites, their content, business practices, goods and services or privacy policies, or for the collection, use or disclosure of any information by those sites. We provide such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by us of such linked sites.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services. If there is a dispute between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Malbec Labs, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Limitations of Liability (Content)

Subject to the benefits provided in your user/subscription agreement, you acknowledge that Malbec Labs may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You agree that Malbec Labs has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that Malbec Labs reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice. Malbec Labs explicitly limits its liability for any modification, suspension or discontinuance of the Services to the pro-rated period of subscription fees paid for which no service shall be provided as a result of the suspension of Services.

Although Malbec Labs does not claim ownership of content that its users post or approve us to post, and by posting or approving Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Malbec Labs an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting or approving Content to any area of the Services, you automatically grant Malbec Labs all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.

If you are authorized to do so and wish to remove Content from any part of the Services, please notify us and we will make a reasonable commercial effort to respond. Depending on agreements with third parties, technical limitations or other reasons, we may be limited in how thoroughly or quickly we remove your Content.

UNDER NO CIRCUMSTANCES SHALL MALBEC LABS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MALBEC LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MALBEC LABS SITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MALBEC LABS SITE OR THE SERVICES, FROM INABILITY TO USE THE MALBEC LABS SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MALBEC LABS SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MALBEC LABS SITE OR THE SERVICES OR ANY LINKS ON THE MALBEC LABS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MALBEC LABS SITE OR THE SERVICES OR ANY LINKS ON THE MALBEC LABS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

DMCA Compliance

You agree not to post, publish, display, reproduce, or transmit in absolutely any manner any copyrighted content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. If you believe that someone or some entity has copied or posted your work or proprietary information on Company, or in association with Company and its Services, in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:

  • A physical or electronic signature of the individual or entity who owns the copyright;
  • A description of and url link to the copyrighted work on Company that you believe has been infringed upon;
  • Your postal mailing address;
  • Your telephone number;
  • Your email address;
  • A written statement by you that you believe, in good faith, that the usage of the work is not authorize or consented upon by the rightful copyright owner;
  • A written statement made by you, under penalty of perjury, that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner's behalf.

Send claims to:

Malbec Labs
Attn: Copyright Agent
3856 26th Street
San Francisco, CA 94131

Indemnity

You agree to indemnify and hold Malbec Labs, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, contractors and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post, approve or make available through the Services, your use of the Services, your violation of any aspect of the TOS or other contract, your breach of any of the representations and warranties herein, or your violation of any rights of another.

The TOS constitutes the entire agreement between you and Malbec Labs and govern your use of the Services, superceding any prior agreements between you and Malbec Labs. The TOS and the relationship between you and Malbec Labs shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Malbec Labs agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco. The failure of Malbec Labs to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Malbec Labs at Malbec Labs Attn: Legal; 3856 26th Street, San Francisco, CA 94131, or to you at the email address you provide Malbec Labs at the time of registration. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Malbec Labs may give you notice by certified mail, postage prepaid and return receipt requested, to any address you provide to Malbec Labs. In such case, notice shall be deemed given three days after the date of mailing.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or use of the service in any way.

Termination of Services

Without limiting other remedies, we may limit, suspend or terminate our Services and user accounts, prohibit access to Services or Content, delay or remove hosted Content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to using the Services or Content to create unauthorized derivative databases). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify Content or Services.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND LIABILITY. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. MALBEC LABS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MALBEC LABS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIALS DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MALBEC LABS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

YOU AGREE THAT MALBEC LABS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF MALBEC LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MALBEC LABS RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICES. IN NO EVENT SHALL MALBEC LABS'S LIABILITY TO YOU, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES ACTUALLY PAID BY YOU TO MALBEC LABS FOR SUCH SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. YOU AGREE THAT THE FOREGOING IS AN AGREED ALLOCATION OF RISK AND IS A REFLECTION OF THE RIGHTS AND OBLIGATIONS AGREED UPON BY YOU AND MALBEC LABS IN THESE TERMS.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ¤1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Privacy Policy

Malbec Labs has established this privacy policy ("Privacy Policy") to explain to users how their information is collected and used. This privacy policy may be updated by Malbec Labs from time to time. Malbec Labs will provide notice of materially significant changes to this privacy policy by posting notice on the main Malbec Labs site ( www.tagtile.com ). BY USING THE SERVICES, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND THE APPLICABLE TERMS OF SERVICE AGREEMENT.

Information We Collect

Our primary goals in collecting information are to provide and improve our Services, features and content, to administer your account.

When you sign up for the Services, you may be required to certain personal identifiable and non-identifiable information, including but not limited business name, contact name, contact email, phone number, and address. We will use that information to create your account. We primarily use this information to customize the service for users. We may also use this information to contact you with product updates and relevant opportunities.

When you sign up and sign into the Services through a third party Social Network Service ("SNS") such as Facebook Connect, you allow Malbec Labs to access certain information from your profile for that site. The information you allow Malbec Labs to access varies by SNS platform, and it is affected by the privacy settings you establish at the SNS. You can control and find out more about these settings at the SNS. For example, Malbec Labs may access and store some or all of the following information, as allowed by you, the SNS and your preferences: you first and last name, your profile picture, your user ID number, the user ID number for your friends, your login e-mail you provided to that SNS when you registered, your gender, your birthday. By signing into the Services through an SNS, you are authorizing Malbec Labs to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the SNS could provide to Malbec Labs through the SNS Application Programming Interface ("SNS API"). Your agreement takes place when you "accept" or "allow" (or similar terms) one of our applications on an SNS. Further, in accessing Malbec Labs via an SNS, you may be subject to the privacy policy of that SNS. Please check with the website of the applicable SNS for further details.

We may also collect information about your location when you use a mobile device to access the Services. Most GPS enabled mobile devices can define your location to within 50 feet.

In certain geographic areas with low population densities (especially rural areas) your location could be associated with your home address. If you post from your home and the nearest home or business is beyond the range of our GPS ambiguation, your posts could be easily associated with your home location. Your home location could then be correlated with publicly available residential address information and subsequently your personal identity.

Our authorized employees only may be permitted to access personal information, but this is only when necessary for permitted business functions and processes.

When you use the Services, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site or while you are using the Services, pages of our and third party sites that you visit, the time spent on those pages, information you search for on our Site or through the Services, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Services and for the Site and Services' technical administration, to increase the Site and Services' functionality and user-friendliness, and to better tailor it to our visitors' needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and the Services will serve information appropriate to your interests. We may use the Log Data with other information and we may aggregate, analyze and evaluate such information.

We may use persistent state ("cookies", "flash local storage", "HTML5 local storage", etc. —collectively "persistent cookies") to collect information on our websites. Persistent cookies are data that we transfer to your computer's storage system(s) for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by visitors and web traffic routing on the Services. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Services and then close your browser. Third party advertisers on the Services may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Services.

We may use 3rd party services like, but not limited to, Google Analytics to help understand your use of our Services. These services collect information sent by your browser as part of a web page request, including cookies and your IP address, and their use of this information is governed by their Privacy Policy.

We anonymously aggregate user data to understand and report on geographic areas of activity (e.g. top cities). In the future we may also anonymously aggregate user generated content and present this data to our user community. We may use this information to create market trend reports that can be used by our users, their clients and the market at large. We will use this information to develop the product and improve service to our users. We may use this information to market the services of Malbec Labs to prospective clients.

Use of Information and Disclosure

Account information. We don't share your account information with anyone unless you direct us to do so. A small number of Malbec Labs employees and contractors have access to your information for the purposes of running our computer systems, providing technical support and other operations.

Advertising. To reduce your actual and hidden costs of using Malbec Labs, we may display ads alongside the content on Malbec Labs, including participation in web advertising networks that span multiple sites, such as Google's AdSense network. To function, these ad networks use cookies to analyze your use of the web and/or the geographical location of your computer. We won't knowingly participate in advertising that individually identifies you by name.

Communication. Malbec Labs offers you a means to choose how the Company uses the contact information you provide. You may manage your receipt of marketing and non-transactional communications by clicking on the "unsubscribe" link located on the bottom of the Company's marketing emails. Additionally, you may send a request specifying your communications preferences to support@tagtile.com. If, at any time after registering, you change your mind about receiving information from us or about the use of information volunteered by you, please send us a request specifying your new choice. Please contact us as specified herein.

Merchant Information. For merchants, Malbec Labs is a service that helps to market their services or products. In this effort, we may aggregate information across merchants, companies, products, transactions, etc. and show this to users in ways that they find valuable in their decision to make purchases. In some cases, this may be perceived by some merchants to be positive and in other cases, negative—such as store ratings between merchants, average reviews, etc. Removal or modification of this information is at the discretion of Malbec Labs.

Additional Situations in Which We May Disclose Your Information.

We may also disclose your personal information:

  • in response to a subpoena, court order, investigative demand, or request for cooperation by law enforcement, legal authorities, or government agencies;
  • to enforce our "Terms of Service Agreement" or policies;
  • to defend ourselves against legal claims, or exercise our legal rights;
  • to prevent, investigate, or take action against illegal activity, fraud, suspected fraud, or violation of our Terms of Use Agreement;
  • to defend our employees, our company, our safety, or our users; in connection with the sale of our business, a merger, acquisition, consolidation, proprietary information sale, asset sale or large corporate transaction; or
  • in the event of our filing for bankruptcy.

Security

Malbec Labs is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "data" (as defined in applicable state statutes on security breach notification) to you via conspicuous posting on Malbec Labs websites in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Malbec Labs may transfer your information to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Services may contain links to, and may allow you to visit, other websites ("Third Party Sites"). If you choose to visit any of these Third Party Sites by "clicking on" another third party link or navigating to a Third Party Site, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

The Services are not directed to users under the age of 13. We do not knowingly collect information from children under the age of 13.

Children aged 13 or older should not submit any information without the permission of their parents or guardians. By using the Services, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to use the Services.

If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@tagtile.com

Contacting Us

If you have any questions about this Privacy Policy, please contact us at support@tagtile.com